High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in passing the impugned order dated 0811112023 dismissing the statutory appeal filed by the petitioner as against the termination order dated 1110712022 passed by the 3'd respondent terminating the services of the petitioner as Staff Assistant of District cooperative Central Bank Ltd. lVlahabubnagar without giving any notice and opportunity and also without assigning any reasons and moreover, the 2nd respondent had not considered the actual the appeal dated 12-07-2022 submitted by the petitioner and further action of the 2nd respondent in not considering the petition submitted by the petitioner dated 29-02-2024 for reconsideration of the appeal by the 2nd respondent, as illegal, unlaMul, contrary to law and consequently direct the 2nd respondent tc, r€ ci1,-' r the appeal proceedings and pass apl)rop-iate fresh orders by properly corrsrdr:' nq the actual appeal and its grounds rarsed by the petitioner lA NO: 1 OF 2024 Petition -rdr: Section 15i CpC praying that in thr: circurrslances stated in the affidavit fil:c i r ;irpport of the petition, the High ()our. nrzry be preased to direct the 2n0 res;:c ndent to consider the pending appl catir)n cated 29_02_2024 submitted by tl'e o(,ti:ioner for reconsideration of the appeal riled by the petitioner dated 12-07-2c1?i: irrl ainst his termination order dated 1 I 07 2o2z passed by the 3'd responderrr zrs tre 2nd respondent whire passing the inrpuc ned order dated 0B-'l '1-2023 n,:itf rei :ssigned any reason nor consrd:red th* actuar appear submitted by th: retrt oner, pendrng disposal of main Writ petitior. Counsel for the F,eli,:ioner: SRl. M. DAMODAR REDDY Counsel for the F er;;:ondent No.1: Gp FOR COOPERATION counsel for th. tiespondent Nos. 2to3: sRI s. VENKATESHWAI:i REDDy, SC F()R DCCI3 The Court made the ..ollowing: ORDER T THE HO N'BLE SRI JUSTICE NAMAVARAPU RAIESHWAR RAO 1 WRIT PETITION 0.11298 0F 2024 ORDER: The present Writ Petition is filed questioning the action of respondent No.2 in dismissing the petitioner's appeal by order dated

08.11.2023, without notice or hearing and without considering the appeal dated 12.07.2022 or the representation dated 29.02.2024, as illegal and arbitra ry.

2. Heard Sri M. Damodar Reddy, Iearned counsel for the petitioner, and Sri S. Venkateshwar Reddy, learned Standing Counsel for DCCB, appearing for the respondents. Perused the material on record.

3. The case of the petitioner is that he was appointed as Messenger (Sub Staff) in the District Cooperative Central Bank Ltd', Mahabubnagar, vide proceedings No.3214lHRD/ll-12, dated

02.0I.2012, based on his Intermediate qualification, though the prescribed qualification for the said post was only While working as Messenger, the petitioner obtained a degree 1Oth class. certificate from EIILM University, Sikkim, and based on the said certificate, he was promoted to the post of Staff Assistant through proceedings dated 17.0 1.2015. *r{

4. It wa; a-r- alleged by the Bank that the der;rer certificate submitted :y .'e petitioner was fake. Without issuin(l ary notice or conducting itr crr(luiry. respondent No.3 placed tire p:titi tner under suspension b,r crder dated 14.03.2022. Subsequen:ly -erminated his services b t order dated II.07.2022 /ide p -oceedings No.912lHRD/,2, 3. The petitioner states that he:;ubrnitted the certificate irr g(),:C faith, without knowledge of the r n iversity,s recognition stE,tr_:. The petitioner initially filed W.l).No. 2?_;87/2022, but withdre,rv t re same after filing a statuto-y ,rpp,:al dated t2.07.2022 te,ft;re respondent No.2. However, respcnd rnt No.2, without cons; rJ,,:r rrr; the actual appeal or giving an oppo -tunity of hearing, disnrissec ihe same vide impugned order caterj 0[ .LI.2023 by referrinr; t t an unrelated appeal datod 27.06.2022. The petition,er.all;) submitted a representation on 29.02.2024 requesting rer:cn: iceration of his appeal, but no ,tction I as been taken. Aggriev,(:d t y the same, the petitioner filed the present Writ Petition.

5. Learned r:)Lrrs;el for the petitioner submits tlat desrite the l2'..)7.2022 having been reopene,d, it -emains appeal dated undecided ancl i:; :;.ill pending consideration before the authorities. cornpetent , -'o&r&&*r*.*. J

6. Learned Standing Counsel appearing for the respondents submits that the respondents may be directed to dispose of the appeal dated 12.07.2022 and pass appropriate orders in accordance with law.

7. Taking into consideration the submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of, directing the respondent authorities to dispose of the appeal dated 12'07'2022 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of a copy of this order' There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed' SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Mahabubnagar Mahabubnagar.

1. The Principal Secretary, Cooperative Department' T S-,Secretariat Z. fne presi'Oent, Distriit Cooperative Cdntral Bank Ltd', Mahabubnagar' at a iG -Cniet txecutive Officer, District Cooperative Central Bank Limited 4 o;;-CC to sRt M DAI\4oDAR REDDY, Advocate [oPUC]^ 5TwoCCstoGPFoRCooPERAT|oN,HighCourtfortheStateollelangana 6, ONE,CC tO SRi, S, VENKATESHWAR REDDY, SC FOR DCCB [OPUC] 7. Two CD Copies at Hyderabad IOUTI sB IVI BS HIGH COUFI'T' DATED:11rc612921 c.- i) J .(i \:;'. ! ':l t: i,:"' il li [?5 z .C,) ,l) t-'-. ORDER WP.No.1129ti of 2024 DISPOSING OF THE WRIT PETITION WITHOUT CCISTS Cg[o{,id WV