THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO.18691 OF 2009 Dated: 10.11.2009 Between: M. Nirmala … Petitioner And 1. The Andhra Pragathi Grameena Bank, rep. by Its Chairman, personnel Department, Head office : Kadapa, Kadapa District, And another. … Respondents THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO.18691 OF 2009 ORDER: The petitioner is working as Scale-III Officer in Andhra Pragathi Grameena Bank at Kodumuru Branch. She made an application dated 16.5.2009 requesting the 1st respondent to grant No Objection Certificate (NOC) to apply for Indian Passport as she intended to go to U.S.A. By letter dated 26.5.2009, the 1st respondent informed the petitioner that the NOC as sought by her cannot be granted in view of pendency of disciplinary proceedings against her. As against the said order, she preferred an Appeal before the 2nd respondent -Board of Directors. Having considered her Appeal in the meeting held on 11.7.2009, the Board of Directors confirmed the decision of the 1st respondent and rejected the petitioner’s Appeal. The said fact was informed to the petitioner by letter dated 22.7.2009. Aggrieved by the said action of the 1st respondent, this writ petition is filed. I have heard the learned counsel for both the parties and perused the counter-affidavit filed on behalf of the respondents. It is not in dispute that, while the petitioner was working as Manager of Krishnanagar Branch at Kurnool, she was alleged to have indulged in misappropriation of Bank funds and consequently Cr.No.185 of 2007 was registered on the file of IV-Town P.S., Kurnool for the offences punishable under Sections 406, 409, 417 and 420 of I.P.C. Admittedly, the investigation is pending. It is also not in dispute that the petitioner has been charge-sheeted by the Bank on 14.12.2007 followed by a corrigendum dated 13.6.2008 and the disciplinary proceedings are also pending into the allegations that the petitioner had swindled the Bank funds to a tune of Rs.21,68,886/- by defrauding the Bank and the Members of Self-Help Groups by forging the signatures of the group leaders and by resorting to fraudulent transactions and that she had sanctioned and released loan proceeds to a tune of Rs.35.35 lakhs without obtaining the loan documents from the groups. It is also relevant to note that the petitioner had earlier filed W.P.No.14912 of 2009 assailing the action of the respondents in conducting departmental enquiry while criminal proceedings are pending on the very same charges and by interim order dated 24.7.2009 the disciplinary proceedings are kept in abeyance. In the light of the above said undisputed facts, the action of the respondents in rejecting the petitioner’s request for grant of NOC cannot be held to be arbitrary or illegal. Hence, the interference by this Court is not warranted on any ground whatsoever. The Writ Petition is accordingly dismissed. No costs. _____________ G. ROHINI,J. Dt. 10.11.2009 gbs THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO.18691 OF 2009 Dated: .11.2009