IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 36837 of 1998 Between: N.Narayana Rao, S/o Babaiah, R/o 16-2-751/93/A2, S.B.H.Colony, Saidabad, Hyderabad-59 ..... PETITIONER AND 1 The General Manger, State Bank of Hyderabad, Head Office at Gunfoundary, Hyderabad - 500 001. 2 The State Bank of Hyderabad, Rep. by its Regional Manager, Region-I, Head Office at Gunfoundary, Hyderabad - 500 001. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in refusing to review the case of the petitioner subsequent to his acquittal in terms of Clauses 19.3 (c) & (d) of Bipartite Settlement between India Banks' Association and All India Employees Association as illegal and void, and pass Counsel for the Petitioner: MS.G.SWATHI Counsel for the Respondent Nos.1 & 2: MR.A.KRISHNAM RAJU The Court made the following : ORDER This writ petition is filed seeking a Mandamus declaring the action of the respondents in refusing to review the case of the petitioner subsequent to his acquittal in Criminal Case, in terms of Clauses 19.3 ( c ) & (d) of Bipartite Settlement between Indian Banks’ Association and All India Bank Employees Association, as arbitrary and illegal. It appears, while working as Head Cashier, at Saifabad branch of State Bank of Hyderabad, on 15.3.1980 a shortage of Rs.68,075/- w a s noticed by the Bank. In view of the same, disciplinary proceedings were initiated against the petitioner and ultimately he was removed from service on 19.11.1983 by the 2nd respondent- Regional Manager. Questioning the same, petitioner filed W.P.No.352 of 1983 and the same was allowed by this Court by an order dated 1.12.1986. Aggrieved thereby, the 2nd respondent-Bank filed W.A.No.7 of 1987 and that was allowed by a Division Bench of this Court on 16.8.1989 with some observations. On the very same charges, criminal prosecution was also launched against the petitioner and he was chargesheeted under Sections 409, 477 (a) and 420 IPC. However, after full trial, the competent criminal Court had acquitted the petitioner. Now, it is the grievance of the petitioner that under Clause 19.3 of the Bipartite Settlement, the respondents are supposed to reconsider his case in view of his acquittal by the competent criminal Court. In this regard, petitioner made a representation to the respondents, but the same has not been disposed of till date. The respondents have filed a detailed counter-affidavit wherein it is sated that aggrieved by the dismissal order, which attained finality in W.A.No.7 of 1987 before this Court and in view of observations made therein, the petitioner is always entitled to approach the labour Court and work out his remedies. But there is no information as to whether the review petition filed by the petitioner is maintainable under Clause 19.3 of Bipartite Settlement and the same is disposed of or not. However, it is stated that since the petitioner was given benefit of doubt and there was no clean acquittal, he is not entitled for consideration under the said Clause 19.3 of Bipartite Settlement. From the above, it is clear that the respondents have not considered the review petition filed by the petitioner in terms of Clause 19.3 of Bipartite Settlement after his acquittal by the competent criminal Court. In view of the same, without expressing any opinion on merits, the writ petition is disposed of directing the respondents to consider the representation already filed by the petitioner in terms of Clause 19.3 (c) & (d) of Bipartite Settlement, within a period of six weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. No costs. __________ 17-04-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The General Manger, State Bank of Hyderabad, Head Office at Gunfoundary, Hyderabad - 500 001. 2 The State Bank of Hyderabad, Rep. by its Regional Manager, Region-I, Head Office at Gunfoundary, Hyderabad - 500 001. 3.2CD copies