IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14912 OF 2009 Between: M. Nirmala ..... Petitioner AND The Andhra Pradesh Grameena Bank, Rep. by its Chairman-cum-Disciplinary Authority, Head Office Cuddapah, Cuddapah District & another ..... Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14912 OF 2009 ORDER: The present Writ Petition is filed to declare the action of the respondents’ bank in conducting the departmental enquiry against the petitioner pursuant to the charge sheet, dated 14.12.2007, as well as corrigendum charge sheet, dated 13.06.2008, which was supplied to the petitioner on 10.06.2009 while the criminal charge in Crime No.185 of 2007 is pending though the facts in both are identical in nature as illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents’ bank not to proceed with the enquiry pursuant to the charge sheet, dated 14.12.2007, as well as the corrigendum charge sheet, dated 13.06.2008, till the criminal proceedings are concluded in Crime No.185 of 2007. 2. The brief facts that are necessary for the disposal of this Writ Petition are as follows: The petitioner was appointed as Scale-I Officer in the respondents’ bank in the year 1981 and subsequently, he was promoted as Scale-II Officer. In the year 2001, he was further promoted as Scale-III Officer and posted to Krishna Nagar Branch at Kurnool as Branch Manager. He was transferred from the Krishna Nagar Branch to Kodumuru Branch in the year 2007 and since then, she was working at Kodumuru Branch. The petitioner’s successor of Branch Manager at Krishna Nagar Branch, Kurnool, lodged a complaint against the petitioner and three others in IV Town Police Station at Kurnool for the offences punishable under Sections 406, 409, 417 and 420 IPC, alleging that the Field Officer in the Bank who was figured as A-1 has misappropriated the funds of the respondents’ bank along with two others during the period from 18.02.2005 to 29.09.2006 while granting loans to the self-help groups and the petitioner was negligent in discharging her duty in approving the loan and processing the documents while granting the said loans. The issue was registered as Crime No.185 of 2007. Thereafter, the first respondent sent a charge sheet, dated 14.12.2007, by framing seven charges against the petitioner basing on the criminal complaint made by the Branch Manager, Krishna Nagar branch, though there is no allegation against her in the complaint about the alleged misappropriation. On 04.07.2007, Mr. Abdul Khaleel, the then Field Officer of the respondents’ bank who was figured as A-1 in the complaint approached the General Manager and Regional Manager of respondents’ bank at Regional Officer in Kurnool and agreed before them that he had misappropriated the bank funds and further agreed that he would repay the said misappropriate funds to a tune of Rs.33 lakhs in respect of the loans sanctioned to the self-help groups and he had also paid an amount of Rs.2 lakhs to the respondents’ bank and further agreed that he would repay the balance of misappropriated amount of Rs.32,03,224/- to the respondents’ bank. The first respondent appointed the second respondent as Enquiry Officer through his Proceedings Ref.No.263/STF/IR/0358/2008, dated 31.03.2008, to conduct the enquiry about the alleged charges framed in the charge sheet, dated 14.12.2007. The petitioner requested the second respondent to drop the departmental enquiry till the criminal proceedings are concluded as the facts in the criminal complaint and the charge sheet, dated 14.12.2007, are identical in nature and simultaneous enquiry cannot go on when both the charges are similar in nature. The second respondent, without considering the request made by the petitioner, proceeded with the enquiry and recorded the evidence of management witnesses and also marked the documents. While so, on 16.06.2009, the management representative submitted a corrigendum charge sheet, dated 13.06.2008, to the second respondent incorporating the additional charges in the place of original charge sheet, dated 14.12.2007, and the second respondent in turn supplied the same to the petitioner on 10.06.2009 i.e., one year after the commencement of the trial. 3. Learned counsel for the petitioner contended that the charges in the criminal case and the departmental proceedings and the evidence to be adduced in both the cases are one and the same and, therefore, the continuation of the departmental proceedings is nothing but abuse of process of Court and, hence, he prays to quash the same. 4. On the other hand, the learned standing counsel for the respondents’ bank contended that in respect of the case against the petitioner, IV Town Police Station, Kurnool, completed the investigation and filed charge sheet, dated 14.12.2007, before the Judicial Magistrate of First Class, Kurnool, that the name of the petitioner was not shown as an accused in the charge sheet, dated 14.12.2007, as the police found that there is no evidence to substantiate the involvement of the petitioner. Therefore, when the petitioner was not shown as accused in the criminal case, it is for the disciplinary authority to proceed further in accordance with law. 5. As seen from the record that two years after framing the charges, additional charges have been framed by corrigendum. For this aspect, the petitioner can as well raise an objection before the Enquiry Officer by showing that additional charges framed against the petitioner are not in accordance with law or the rules governing the service conditions of the petitioner. Therefore, in view of the fact that the criminal case itself is not pending against the petitioner, the question of stalling the disciplinary proceedings does not arise. Hence, the Writ Petition is liable to be dismissed. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ______________ (K.C.BHANU, J) Dated: 30th June, 2011. KL HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.14912 OF 2009 30th June, 2011 KL