IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15742 OF 2011 Date:15-07-2011 Between:- K. Raveendra Babu S/o. Krishnaiah … Petitioner And Sri Potti Sriramulu Nellore District Cooperative Central Bank Limited, Rep. by its Chief Executive Officer … Respondent THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15742 OF 2011 ORDER: This Writ Petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondent-Bank in not permitting the petitioner to join the duty, without there being any proceedings terminating the services of the petitioner, as illegal and arbitrary, violative of the provisions of Memorandum of Settlement, dated 15-06-1997, and consequently direct the respondent–Bank to permit the petitioner to join duty by extending all the attendant benefits. 2. The brier facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner joined as Staff Assistant in the respondent - Bank on 01-02-1991. Due to health problems, he could not attend the duties from 01-05-2006 and submitted leave letters to the respondent requesting to grant leave. The respondent without granting leave to the petitioner, issued a charge memo, dated 04-09-2006 calling for his explanation, stating that the petitioner was unauthorizedly absent from duties and called for his explanation. The petitioner did not receive the same and thereafter an Enquiry Officer was appointed and the petitioner attended the enquiry and submitted his explanation for not attending the duties and in the explanation, he sought permission to resign from service. However, the respondent did not accept his request. Thereafter, the enquiry was completed and the respondent issued show cause notice on 02-02-2008 calling upon the petitioner to explain as to why he should not be dismissed from service for the unauthorized absence. The petitioner submitted a reply on 18-03- 2008 stating that due to health problems he could not attend the duties and submitted leave letters. But, there was no reply from the respondent. Thereafter, in June 2010, the petitioner requested the respondent to permit him to join duty. But, the respondent without permitting him to join duty and without sanctioning any leave to the petitioner, issued another show cause notice which pertains to some surcharge orders, which in no way connected with the petitioner. Hence, this writ petition. 3. Learned Standing Counsel appearing for the respondent – Bank produced a copy of proceedings, dated 24-06-2011, whereunder and whereby the petitioner was dismissed from the service of the respondent - Bank and was directed to pay an amount of Rs.24,24,021/- with interest at 18% till realization. Therefore, when the order of dismissal of the petitioner from service is passed by the competent authority, the remedy, if any, available to the petitioner is to challenge the order, dated 24-06-2011. 4. Hence, the Writ Petition is dismissed giving liberty to the petitioner to challenge the dismissal order, dated 24-06-2011, passed by the respondent. There shall be no order as to costs. ____________ K.C. BHANU, J July 15, 2011. KTL