THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2005 of 2008 Dated:7.02.2008 Between V.Ramaiah …..Petitioner and 1.Saptagiri Grameena Bank, rep., by its Chairman Chittoor District and another. …Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.2005 of 2008 ORDER This writ petition is filed seeking a Mandamus to declare the order dated 22.5.2007 passed by the General Manager-cum-Disciplinary Authority, imposing punishment of dismissal from service against the petitioner, which was modified by the Chairman and Appellate Authority vide order dated 21.8.2007 into that of removal from service, as arbitrary and illegal consequently to reinstate him with continuity of service and all other consequential benefits. There is no necessity to go into all the details. It appears that when the Enquiry Officer submitted his report, the same was not furnished to the petitioner and no objections were called for before he was dismissed from service by the Disciplinary Authority vide proceedings dated 22.5.2007. Aggrieved by the same, the petitioner filed an appeal before the Appellate Authority on 11.6.2007 and the Appellate Authority modified the punishment of dismissal from service to that of removal from service. Le arned counsel for the petitioner has rightly relied upon the Judgment reported in Managing Director v., Karunakar[1] whereunder it was held that non-furnishing of enquiry report and not calling for objections would vitiate the proceedings. Learned counsel for the respondents accepted this position and stated that probably the matter needs to be remitted back to the Appellate authority for its consideration as to the effect of non-furnishing of Enquiry Officer’s report by the Disciplinary Authority. I am not in agreement with the submissions made by the learned counsel for the respondents. Prima facie, non-furnishing of Enquiry Officer’s report and not calling for objections from the petitioner has resulted in prejudice as pleaded by the petitioner herein. Under those circumstances, the order dated 22.5.2007 passed by the Disciplinary Authority, which was modified by the Appellate Authority dated 21.8.2007 is set aside and the Disciplinary Authority is directed to furnish copy of the enquiry report and call for objections from the petitioner and thereafter, proceed with the matter as per law. Till such time, the petitioner shall be treated under deemed suspension and he shall be paid subsistence allowance, as per law. Writ petition is accordingly disposed of. No costs. ________ 7-2-2008 rkk [1] 1993 (4) SCC 727