THE HON'BLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION No. 15328 OF 2000 Dated: 02.12.2010 Between: E.Satyanarayana ..... PETITIONER AND The A.P.State Co-operative Bank Limited and others .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION No. 15328 OF 2000 ORDER : This writ petition is filed to issue directions particularly in the nature of writ of mandamus declaring the impugned proceedings No.Estt/DA-26/1268 dated 31.03.2000 passed by the 2nd respondent- President of the Andhra Pradesh State Co-operative Bank Limited, Hyderabad treating the entire period of suspension either as leave due to the petitioner or loss of pay as totally make arbitrary and in violation of the relevant considerations to be taken under Regulation 51 (b) of the Staff Service Regulations and also in violation of the Articles 14 and 16 of the Constitution of India. Admittedly, the petitioner was working as Branch Manager at Tarnaka Branch. He was placed under suspension with effect from 15.06.1995 in respect of grave indulge irregularities and unauthorised transactions etc. The departmental enquiry was conducted against him. The petitioner participated in the enquiry. Finally the enquiry officer after completing the enquiry against the petitioner submitted a report dated 05.11.1997 and found that charges levelled against the petitioner were held partly proved. Therefore, after careful consideration of the enquiry report, the gravity of misconduct and basing on the explanation offered by the petitioner, the Managing Director awarded punishment of stoppage of two increments with cumulative effect under Service Regulation No.48 and 52 read with Service Regulation No.47. Subsequently, the petitioner herein submitted a representation dated 09.11.1999 to release his withheld salary arrears pertaining to his suspension period. Considering the representation of the petitioner, the Managing Director of the 1st respondent bank passed an order dated 10.01.2000 the period of suspension from 15.06.1995 to 18.12.1997 is treated as being on leave as per his eligibility. Aggrieved by the above order passed by the Managing Director, the petitioner filed an appeal before the President of the Andhra Pradesh State Co-operative Bank Limited by order dated 31.03.2000. The Managing Director of the bank rejected the appeal filed by the petitioner. Being aggrieved by the order dated 31.03.2000, the petitioner filed this writ petition to declare the impugned order passed by the 2nd respondent confirming the orders of the 3rd respondent treating the entire period of suspension either as leave or loss of pay. Learned counsel for the petitioner submitted that the Managing Director as well as the President of the bank- respondents 2 and 3 passed the orders without giving an opportunity to the petitioner. The petitioner is still working as the Manager of the 1st respondent bank and another Branch. Though the matter is posted today for orders, none represented for the respondents and the previous adjournment i.e., on 26.11.2010 also there was no representation for the respondents. Considering the entire material available before this Court, I feel that it is just and necessary to set aside the impugned orders dated 31.03.2000 and also the order dated 10.01.2000 passed by the 3rd respondent. The Writ Petition is, accordingly disposed of, with a direction to the 3rd respondent to pass necessary orders afresh after giving an opportunity to the petitioner within three (3) months from the date of receipt of this order. No costs. __________________ Date: 02.12.2010 V.SURI APPA RAO, J Ivd