P.Srinivas. S/o Satvanaravl?a v. 2loftheconstitutionoflndia

Heard Sri D.Goverdhanachary, learned counsel appearing on behalf of the petitioner, tearned Government Pleader for Services_fff appearing on behalf of respondent Nos, 1, 2, 4 and S and Sri p.Srinivas, learned counset appearing on behalf of respondent No.3. 2 o r c Draver as under: o rt ,,To issue an ( nature of writ of ,u"o"t Respondents in or writ particularly one in the rdamus declaring the action of the :fl :r #,;;fu : *;j i:,, ::ru ;[:: e year 2079 and further the order tn" respondent No'3 in his LegaTP'sriniv as/Replv/2023-24 iiT: Enquiry initiated in th of rejection passed proceedings RC ,o.o' dated 09.08. 2023 and illega l, a rbitr" r, r rrrr,ol:: ;; and 2t of the Const vio r a ti ve or p ri n ci p res ;I:I.j : JII; J#11, :""J,: consequential direction the respondents' specially respondent No.3 to rere forthwith all retiral benefits incruding sanction o, ,ut" :wo annual grade increments, j::t:r1[:,:.T, t:,:: .l3 2 SN,J W.P.No. I 8 I 80-2021 months last drawn salarY, leave gratuity of 20 I months of last drawn salarY and encashment for other incidental amounts such of security deposit and pay revision arrears etc', on par with other employee bank with interest at quarterly rest till the date of payment and pass such other order or orders as this proper in the Hon'ble Court the interest of may deem of the case fit and and in circu msta nces justice."

3. The case of the petitioner, in brief is that on an allegation of temporary misappropriation of funds of Rs'2'50'OO0/- of 3'd Respondent Bank, the petitioner was initially placed under suspension by the 3'd respondent vide order dated 03'07'2017 and pursuant to the orders of 2nd respondent dated Ol'07'2017' and the said Writ the petitioner filed W'P'No'23254 of 2017 Petition was allowed by an order dated thereafter the petitioner was reinstated into service and

20.07.20t7 and I continUedtillthedateofthepetitioner,ssuperannUation. The 3'd respondent out of vengeance' initiated disciplinary proceedings against the petitioner for alleged misappropriation of a sum of Rs.2,50,OO0/-, and the 2nd respondent through proceedings dated 11.04'2017 ordered statutory enquiry under Section 51 of the Telangana Cooperative Societies Act' 1964 and , { 'r 3 SN..I W. P.No. I 8180 202i the Inquiry Officer i.e., 4th respondent, conducted the statutory inquiry and submitted a report on 23.06.2017. After the Inquiry Report, surcharge proceedings were contemprated, and the 5th respondent accordingly issued a show cause notice to the petitioner under Section 60 of the TCS Act on 06.10.201 I calling upon the petitioner to be present before 5rh respondent on 25.70.2017 and accordingly, the petitioner was present and submitted his defence, but no final orders had been passed till date. It is the further the case of the petitioner that based on the said Inquiry Report, the 3.d respondent issued a Charge Memo dated 13.11.2017, alleging sole charge that the petitioner had indulged in temporary misappropriation of DCCB funds based on four allegations and called for an explanation fror,th" petitoner within 15 days from the date of receipt of Charge Memo. Accordingry, ihe petitioner submitted expranation on 27.12.2017 denying the charge as baseless and not supported by any F n I document of the Bank. 3rd r d ts u e s e n r w t o 2 1 n3 o 2 n ol 2 o h m s a t 4 SN,J W.P.No. I 8l 80 202i ..1 t r w Aggrieved by the same, the petitioner filed the present writ ont s n 8 e c h a a petition. 4 P RU SE D THE REC OR D: A) Me o a u a e ra e n n B n R are extractedh ere under: h e iti n d h 1 2 17 "Ref: HRD/F .5t(4)l2ot7 -t}/259o Date: 13'11'2017 Memorandum of Charges framed. by th,e Chief Executive Officer, bcc6 w"tungal against Sri P Srinivas, DePutY General Manager Sub: DCCB Warangal - Vig' Deptt-- {it'?lugement #;'B "il wa.an6at - siut'torv Inquirv u/s 51 of the TSCS Act, 1964 ordered - Report.t"*iu!9-,-Ii P Srinivas' DGM, indulged in teriporary misapprofriatiPn of DCCB funds and misused n't Jo"*"tL "i"iuti'is P:1r5frq l.otlt^loi his personal 9uin, tu"ing huge financial loss to the DCCB I t#;;;?t..ed - Expla-nation called for - Reg' Ref: 1) Proceedings Rc'No'3126/2017lCR-2 dated

23.06.2017 or ihe Inquiry Officer u/s 51 of TSCS Act, 1964. 2) Rc.No.537Bl2or7lcR2 dated 01'07'2017 of the CC & RCS. A Statutory Inquiry was ordered u/s 51 of TSCS Act' 1964 ,ia" pr*""aings trio.3126 /2017/CR-2 dated, 11'04'2017 by ir,. co..itt.n"t for cooperation and Registrar of i""o#i'""-So.i"tl"t into the constitution' working and r]nul.iur .o"dition of the warangal DccB. The Statutory , I 7 5 SN.J W.P.No.l8l80 202j *r36'l*ft:#il*,l;,*tr*:m It.is noticed from the rr.rnrvas, the rhen fl :'j Ifl ?:.,8 ES"' I:grj., reporr rhar Sri p jl te m p o ra ry fi#;fl.;fl ft [*rfi;i","{i',mil+;f r,J,.;, ?"0,:3::, "tft'r,:j, " ::^i ":j. " ar e 1: n=$:##**ngry#iil1=ffi &U':,,XXlfJffTfl:"] ffififffl:hFfrrTqffi?fii#-#,.,',.;".,-j AIeoattons (a) .;;;1"",': ^::-t :tlT-ud to condu* ph ysica I veriFica tion ::1"';:i""#"J;tk'*i3:",*!ir];8[!;ff 'j1",,:,.il: _Tfre DCO, yadadr. "r' I I 6 SN,J W.P.No.l 8180-2023 I I .l 'uio"urnlint-ii On verification of pay-in-slip of Axis Bank for remittance of Rs.3.00 crores into n*''-eln-k' n/c rrro'292010200001347 bv the Central Onice aiancn and'on close examination of iil"'."'ir"r-in-'rip, it ii observed that' lt does not carry Bank that indicates payment the cash paid stamp "iH'" into the Axis Bank utto'"i' ine autnorities^of Axis Bank #:, i;";; ;;t"o za'os'2017 inrormed that' Rs'3'00 crores were remitted into tnJ?ia account on.28'03'2017 at received through 60'000 17:51 PM and the notes of 500/- denom'#'"' 6" the other hand the DCO' VIl"i;'t-vliiri.iiion otni"ij siated that' at.10:00 AM on 28.o3.2ol7, rpon u"''i'tliiti"' t"in transaction of Rs'3'00 crores was shown as ;;"";;;'t"titt"o into the Axis Bank Alc. his statement The Dv. Manager of Axis Bank' Warangal' .in on the made on 27.0s'20t7 ilf,J''tnut^I; -tl?lil"e counter foil of pay-in-t p i;; Rs'3'00 crores is not affixed bv him. He further ttut"[ iflut' inougn the stamp affixed is oi their Bank, the tu'""'*l-t-notini*"d by him' Cash and he is received stamp will o" uin*"Jln case of .puYrn:nt cash and the Competent authoriiy L*-pnvtiiufrV chegk |re siqn on counter roir, ikil in" cutn' receive.d stamp' He rulnner stated that tn" puv-in-ifiplnOicating Axis Bank and tnui nit signature was forged' However, in the evening on 28'3't7 Rs'3'00, crores was moved from the casn ci# JCoe to Axis bpnk' which was dulv acknowledgeo Ofifl" a*it Bank at 17:51 hrs' The DCo, Yadadri stated th;i ;h; went into Cashier cabin at 10:00 AM on 28.03.20ii'u"Jov then the cashier told her that the cash chest h; tl;";;; been op,ened bv him and Asst. Manager already-tn-ou"J'tot" cash pertaining to 3 ffi;il;aicn incruoeJ'r"'ittunt" of Rs'3'00 crores into Axis Bank. She then ttft"Oin" cishier for producing CC TV footages to check as to how the Cash- of-Rs'3'00 crores was sent to the Axis uuir.. iirt, the DGM.informed that the service provider or cfrt' i;;;i available locally and will come after 6:00 PM' ii it'i"tnlt observed that the cash Il""t,ii"g,ti"i or Cos' warangal also do not indicate anv 6ash chest on, 28'03'2017' movement of cash "J-'[h" init-tn"'" is shortrall or Rs' 3'00 ;erli;;;; ii'i, "'io""t lro?;"i;' ine- casn chest of coB' warangal DCCB on 27.03.2017 and as t"n-u fake pay-in-slip of Axis bank 7, 7 SN,J W.P.No.I8t80 202i ,, was created and ola:ed. on record to cover up the cash deficit and the ocLa iao prioir'#,.n"uti"o'riaoout the Cash Verification by the Departmental O#il".r. Sri p Srinivas, in his capacity as General Manager (I/C), aalfing'op"'"ti"""'at CoB, havins ffi*i:.'i;: :?' ff"" irregular operations, ' *;llirii; cooperated in tn" ,urt"lid Hence, he is responsible and liable for disciplinary action. (b) Cash deficit__-and discrepancies in cash denomination in Hanmak"na, Li.-iJil*.. It is observed that, Ass.istant Registrar of O/o DCO, warangat (U)/(Cash - .veriricatioi,'-'o"#i.u.; reached Hanmakonda Branch 91 wg.aroii'Dcc;',;; e:10 AM on 28.03.2017 and on verirication o,i."In'"o""rJr.."s she found a deficit of Rs.80.00 ,*lr o, iil,"", fi: issr. Manaser of the Bank produced a^pay_in_slip of,nxis-Aant Warangal indicarins deposit or ns.eb.oo r.il; ;; lii,lo?.rorr, i.e., on the day of verification-ilserr. es ol-r;"';;;;rn"nr of cash produced by the Hanmakonda ffir;_ Jit=pay_in_stip or Axis Bank dated 28.03.zo.rzl-nr'do.ijo j"'[,r, was moved from the Cash chesr, numbeiing 3#;-";;;."f Rs.2000/_ oenomination and 100_not".,ir rir.iooTl=-denomination. But, as per the tetter dated zz.os)iiii,of r"axis Bank an amount of Rs.80.00 r11ns was.rlc;l;;; ;'-ro,r, o, on 28.03.2017 and deDosired irto tru itttrinTi inrousn +ooo notes of Rs.2000/_ denomjnation. ffl..J, thu.rr.un.y notes equivalent to *.!9:oo ;k;;';;;;=ls.moved From the cash chest of Hanmakondi B;";;;';.; not rhe ones which were received _ano oeposit!;'';r-,;u,Axis bank. Further, as per rhe srl!:me.lt ;i'rh" 'u".,rilu,,on Officer Rs.80.00 takhs moved from the c";h ch";l' ;r 10:00 AM itself but the Axis Bank records ."u"ui, t-huiirluo,OO rutn, cash was deposited ar,1.1:37 nll-lri ih"i ioo not the currency notes referred. to have b;;; ;;;; Hanmakonda Branch Cash Chest. ---" "'vv'.-r rrom rhe The Supervisor of the ,Branch in his deposition dated 25.05.2017 stated that he was directeO b;;" Manager over phone at 9 AM ,o T9uu. tn" iu.n t-inr.i,j.oo takhs to the Axis Bank. He atso stated tnut, r," ;;;';;.;rp.nied by 8 SN,J W-P.No.l8l80 2023 l ..1 the car while carrying the cash to the Axis the CEO in Bank. A Rough Cash Book maintained by the Cashiers at COB ;";;;;".iti"ns of employees reveal that' in order to cover ,ri.t[ o"ri.iency in ihe' Hanmakonda Branch to the tune ;i il:ibil lu-tnl, tn" iaid amount was mov.ed from the los-6;h-.n"st and piio into the Axis Bank' The Asst' itI"'"n'"" ,inmitonoa etanch' in her written deposition li""ii ti","J that, there is a cash deficit of Rs'70'00 lakhs and the denomination for the^deficit in the ;#;i;;ritten as ns'iooo/- x 3500' on 28'03'2017 at ""li.o:ilioiT 7:00 AM, she recetved a call from the Branch Manager advising her to come- t-o ih" Hunr"nakonda . Branch and i"i"..JO about cash verification and that the Manager illJrgii*t.7o.oo rurtntlio.n in" coB with denomination of Rs.500/- x 14000. Further, it is observed that, as per the.request of the Nodal officer and the a.unih- Munuger, staff amount to fill in tne casn deficifon O3'O4'2017 (V'Vijender Reddy - 1,35,000, Faizunnisa Begum - 2'00'000' T. Niveditha - 2,00,000, Wahad Hussain - 2'00'000' ;. sh;i;j; --1,00,600, ani Kanvakumari - 65'000)' Therefore, it is clear that there was a-shortfall of Rs'80 lakhs in the Cash tn"ti of Hanamkondl uT:l :j wli""s;r octe on 27 '03'2ot7 and a massive cover up bY transfer of cash from. coB' ;;;;;;" Sri P Srinivas, the then GM I/C (Banking)' responsible for the Banking Operatlons at COA'-naving knowledge of the ;;l;r;g;1.r. operations, willfullv cooperated in the same and involved in tempo'aiy misappropriation.of DCCB funds and thus acted in a way'prejudicial to the interests of the eunL. t-|"n.", liable for disciplinary action' ^contributed tc\onverificationofRoughCashBookfortheperiodfrom b7.;;:rot; if,-ie.ot.zori, it is observed that' an amount of Rs.2,50,000/- was illegally drawn.from the Cash Chest unO nunO"O over to Sri F Siinivas' the then GM (I/C) on ie^0a.zOG. Sri P Srlnivas' DGM' is responsible and iicountabte to make good the loss' , I 9 SN,J W.P.No.l8 t 80 202i (a) It is observed that,..Sri p _srinivas, the then GM I/c along with CEO and other DGM S.i-,S."iuOnu held a meeting wth ail ManaOgls_9n Or.O4.2Or, anJ stated thar, there is a cash deficit it coe ano *reiIrlre-a]teo tre stan memb.ers to give cash from th;i. orJ;"D_ft A/cs and accordingly collected the funds tn.oujfr-ine"N"odal Officers to recoup the deficit cash balance It is thus observed that, sri p srinivas, the then GM r/c, invotved in temporarv misappropriiti"" ti btiu runds and i!1"9 i? a. way prejudiciat to i;" lrl;r["f, ,r," ,unr. Hence, liable for disciplinary action. The above acts on his oart.are prejudicial to the interest of the bank and tantamolnt to sr'av;;;;.;;r; in rerms of Staff Service Reoutation lvo.ss. disciplinary action, rirutiJ,i or ;i;;;:1"t tiabitity of Rs. 2, 50, 000/- atong with appticibr"' int"."rt' iiE.""r. Therefore, he is called ,?o.n to explain as to why disciptinary action shoutd noi be initiJJj-ugu,nst him for the irregurarities committeo. ui. "rpi.r"li#inouto .eacn the undersisned within 1s gays r.;; il;;;1" of receipt of this charge Memo, rairing whiih it *"rli ou .onstrued that, he has no ptausible erotination tt ti# ]io'iurtner action would be initiated against him as Ouur"OJit. '" -iunll)',,uo,u -oesiJu, DIS USSION A D oNC USI ON: t CHIEF EXECUTIVE OFFICER- 5 tt' 3 stan ln c re DOnd nt unsel AD ea rlnqo nbehalfoft instructi ons e ! a I tn ti e a s vt eM m r d m h r x c IV r f n r c BW r n a tr c a o e o e ch I 1 7 n u e l0 SN,J W.P.No.l8l80 2023 n tol w wl na fits uetothe oetitioner would 4 and all the reti reme nt be n s tit ne a n en itle ent as ecrsr na rrived at in n w n e o 6 The lea rned cou sel a oDea rrnq onbehalf of tit ner oe not r s ndi c a o eh !f of he resDond nt.

7. TAKING INTo coN SIDE TI N: a) The aforesaid facts and circumstances of the case' b) The submissions made by the tearrlqa counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the 3'd respondent, and upon consent of both the learned counsel on record, c) The fact as borne on record that the disciplinary proceedings initiated against the petitioner by the Memorandum of Charges dated 1-3't1-'20L7 had not been v II SN,J W.P.No.l8l 80 2021 concluded as on date and the petitioner retired from the service in the year 2O1g and the benefits due to the petitioner from the 3.d respondent-Bank were denied since the year 2019, . The writ petition is disposed of directing the 3'd Respondent Bank to conclude the disciplinary proceedings initiated against the petitioner in the year 201-7 within a period of four (O4) months from the date of receipt of copy of the order, in accordance to taw, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner and pass appropriate orders. The respondents are further directed to release all the retirement benefits due to the petationer as per petitioner's legal entitlement, as per the decision arrived at in the disciplinary proceedings, within a period of three (03) weeks thereafter. However, there shalt be no order as to costs. t Miscellaneous applications, if any, pending shall stand closed //TRUE COPYII SD/- C. DEEPIKA SISTANT REGISTRAR SECTION OFFICER J[::"?l]?|,Xr:fi 3i3f?0r3."" oe rative Department, secreta riat, Hvdera bad, The commissioner for coop.eralion a n-d Registration of cooperative societies. Government of Tetangana,'+tr rroor, cruirlilip?i"ivi"rrord_5oo 001 The Chief Executive Officer, !iubedari, Hanumakonda, W Warangal District Cooperative Central Bank Ltd., arangal District -506 OCi.t. \ To, 1 2 J 7'

4. G.Srinivas Rao, The lnquiry Officer/ Additional Registrar, Office of the 'Commissioner tor Coopdratiol. ,"0^ RegGirir-or ctgb"rbt"J Societiesl / Government of Telangana, 3rd Floor, Gruhakalpa, Hyderabad- 500 001. 5. Smt.V.Sumitra, Additional RegistrariChief Auditor, Office of the Commissioner for Cooperation and Registrar of Cooperative Societies, Govemment of Telangana, 4th Floor, Gruhakalpa, Hyderabad- 500 00i. 6. One CC to SRI D.GOVERDHANACHARY, Advocate [OPUC] 7. One CC to SRI P.SRINIVAS, Advocate [OPUC] 8. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies I BSR PVL t HIGH COURT DATED: 2310612025 CC TODAY (- i.) 0 it stP 2,25 ,-',.;..! .':.|'.J: ill ''.=..,', ," - , .; -,::,-..:r. _ ._, -._: lii. ORDER WP.No.18180 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I ?t?lar

Heard Sri D.Goverdhanachary, learned counsel appearing on behalf of the petitioner, tearned Government Pleader for Services_fff appearing on behalf of respondent Nos, 1, 2, 4 and S and Sri p.Srinivas, learned counset appearing on behalf of respondent No.3. 2 o r c Draver as under: o rt ,,To issue an ( nature of writ of ,u"o"t Respondents in or writ particularly one in the rdamus declaring the action of the :fl :r #,;;fu : *;j i:,, ::ru ;[:: e year 2079 and further the order tn" respondent No'3 in his LegaTP'sriniv as/Replv/2023-24 iiT: Enquiry initiated in th of rejection passed proceedings RC ,o.o' dated 09.08. 2023 and illega l, a rbitr" r, r rrrr,ol:: ;; and 2t of the Const vio r a ti ve or p ri n ci p res ;I:I.j : JII; J#11, :""J,: consequential direction the respondents' specially respondent No.3 to rere forthwith all retiral benefits incruding sanction o, ,ut" :wo annual grade increments, j::t:r1[:,:.T, t:,:: .l3 2 SN,J W.P.No. I 8 I 80-2021 months last drawn salarY, leave gratuity of 20 I months of last drawn salarY and encashment for other incidental amounts such of security deposit and pay revision arrears etc', on par with other employee bank with interest at quarterly rest till the date of payment and pass such other order or orders as this proper in the Hon'ble Court the interest of may deem of the case fit and and in circu msta nces justice."

3. The case of the petitioner, in brief is that on an allegation of temporary misappropriation of funds of Rs'2'50'OO0/- of 3'd Respondent Bank, the petitioner was initially placed under suspension by the 3'd respondent vide order dated 03'07'2017 and pursuant to the orders of 2nd respondent dated Ol'07'2017' and the said Writ the petitioner filed W'P'No'23254 of 2017 Petition was allowed by an order dated thereafter the petitioner was reinstated into service and

20.07.20t7 and I continUedtillthedateofthepetitioner,ssuperannUation. The 3'd respondent out of vengeance' initiated disciplinary proceedings against the petitioner for alleged misappropriation of a sum of Rs.2,50,OO0/-, and the 2nd respondent through proceedings dated 11.04'2017 ordered statutory enquiry under Section 51 of the Telangana Cooperative Societies Act' 1964 and , { 'r 3 SN..I W. P.No. I 8180 202i the Inquiry Officer i.e., 4th respondent, conducted the statutory inquiry and submitted a report on 23.06.2017. After the Inquiry Report, surcharge proceedings were contemprated, and the 5th respondent accordingly issued a show cause notice to the petitioner under Section 60 of the TCS Act on 06.10.201 I calling upon the petitioner to be present before 5rh respondent on 25.70.2017 and accordingly, the petitioner was present and submitted his defence, but no final orders had been passed till date. It is the further the case of the petitioner that based on the said Inquiry Report, the 3.d respondent issued a Charge Memo dated 13.11.2017, alleging sole charge that the petitioner had indulged in temporary misappropriation of DCCB funds based on four allegations and called for an explanation fror,th" petitoner within 15 days from the date of receipt of Charge Memo. Accordingry, ihe petitioner submitted expranation on 27.12.2017 denying the charge as baseless and not supported by any F n I document of the Bank. 3rd r d ts u e s e n r w t o 2 1 n3 o 2 n ol 2 o h m s a t 4 SN,J W.P.No. I 8l 80 202i ..1 t r w Aggrieved by the same, the petitioner filed the present writ ont s n 8 e c h a a petition. 4 P RU SE D THE REC OR D: A) Me o a u a e ra e n n B n R are extractedh ere under: h e iti n d h 1 2 17 "Ref: HRD/F .5t(4)l2ot7 -t}/259o Date: 13'11'2017 Memorandum of Charges framed. by th,e Chief Executive Officer, bcc6 w"tungal against Sri P Srinivas, DePutY General Manager Sub: DCCB Warangal - Vig' Deptt-- {it'?lugement #;'B "il wa.an6at - siut'torv Inquirv u/s 51 of the TSCS Act, 1964 ordered - Report.t"*iu!9-,-Ii P Srinivas' DGM, indulged in teriporary misapprofriatiPn of DCCB funds and misused n't Jo"*"tL "i"iuti'is P:1r5frq l.otlt^loi his personal 9uin, tu"ing huge financial loss to the DCCB I t#;;;?t..ed - Expla-nation called for - Reg' Ref: 1) Proceedings Rc'No'3126/2017lCR-2 dated

23.06.2017 or ihe Inquiry Officer u/s 51 of TSCS Act, 1964. 2) Rc.No.537Bl2or7lcR2 dated 01'07'2017 of the CC & RCS. A Statutory Inquiry was ordered u/s 51 of TSCS Act' 1964 ,ia" pr*""aings trio.3126 /2017/CR-2 dated, 11'04'2017 by ir,. co..itt.n"t for cooperation and Registrar of i""o#i'""-So.i"tl"t into the constitution' working and r]nul.iur .o"dition of the warangal DccB. The Statutory , I 7 5 SN.J W.P.No.l8l80 202j *r36'l*ft:#il*,l;,*tr*:m It.is noticed from the rr.rnrvas, the rhen fl :'j Ifl ?:.,8 ES"' I:grj., reporr rhar Sri p jl te m p o ra ry fi#;fl.;fl ft [*rfi;i","{i',mil+;f r,J,.;, ?"0,:3::, "tft'r,:j, " ::^i ":j. " ar e 1: n=$:##**ngry#iil1=ffi &U':,,XXlfJffTfl:"] ffififffl:hFfrrTqffi?fii#-#,.,',.;".,-j AIeoattons (a) .;;;1"",': ^::-t :tlT-ud to condu* ph ysica I veriFica tion ::1"';:i""#"J;tk'*i3:",*!ir];8[!;ff 'j1",,:,.il: _Tfre DCO, yadadr. "r' I I 6 SN,J W.P.No.l 8180-2023 I I .l 'uio"urnlint-ii On verification of pay-in-slip of Axis Bank for remittance of Rs.3.00 crores into n*''-eln-k' n/c rrro'292010200001347 bv the Central Onice aiancn and'on close examination of iil"'."'ir"r-in-'rip, it ii observed that' lt does not carry Bank that indicates payment the cash paid stamp "iH'" into the Axis Bank utto'"i' ine autnorities^of Axis Bank #:, i;";; ;;t"o za'os'2017 inrormed that' Rs'3'00 crores were remitted into tnJ?ia account on.28'03'2017 at received through 60'000 17:51 PM and the notes of 500/- denom'#'"' 6" the other hand the DCO' VIl"i;'t-vliiri.iiion otni"ij siated that' at.10:00 AM on 28.o3.2ol7, rpon u"''i'tliiti"' t"in transaction of Rs'3'00 crores was shown as ;;"";;;'t"titt"o into the Axis Bank Alc. his statement The Dv. Manager of Axis Bank' Warangal' .in on the made on 27.0s'20t7 ilf,J''tnut^I; -tl?lil"e counter foil of pay-in-t p i;; Rs'3'00 crores is not affixed bv him. He further ttut"[ iflut' inougn the stamp affixed is oi their Bank, the tu'""'*l-t-notini*"d by him' Cash and he is received stamp will o" uin*"Jln case of .puYrn:nt cash and the Competent authoriiy L*-pnvtiiufrV chegk |re siqn on counter roir, ikil in" cutn' receive.d stamp' He rulnner stated that tn" puv-in-ifiplnOicating Axis Bank and tnui nit signature was forged' However, in the evening on 28'3't7 Rs'3'00, crores was moved from the casn ci# JCoe to Axis bpnk' which was dulv acknowledgeo Ofifl" a*it Bank at 17:51 hrs' The DCo, Yadadri stated th;i ;h; went into Cashier cabin at 10:00 AM on 28.03.20ii'u"Jov then the cashier told her that the cash chest h; tl;";;; been op,ened bv him and Asst. Manager already-tn-ou"J'tot" cash pertaining to 3 ffi;il;aicn incruoeJ'r"'ittunt" of Rs'3'00 crores into Axis Bank. She then ttft"Oin" cishier for producing CC TV footages to check as to how the Cash- of-Rs'3'00 crores was sent to the Axis uuir.. iirt, the DGM.informed that the service provider or cfrt' i;;;i available locally and will come after 6:00 PM' ii it'i"tnlt observed that the cash Il""t,ii"g,ti"i or Cos' warangal also do not indicate anv 6ash chest on, 28'03'2017' movement of cash "J-'[h" init-tn"'" is shortrall or Rs' 3'00 ;erli;;;; ii'i, "'io""t lro?;"i;' ine- casn chest of coB' warangal DCCB on 27.03.2017 and as t"n-u fake pay-in-slip of Axis bank 7, 7 SN,J W.P.No.I8t80 202i ,, was created and ola:ed. on record to cover up the cash deficit and the ocLa iao prioir'#,.n"uti"o'riaoout the Cash Verification by the Departmental O#il".r. Sri p Srinivas, in his capacity as General Manager (I/C), aalfing'op"'"ti"""'at CoB, havins ffi*i:.'i;: :?' ff"" irregular operations, ' *;llirii; cooperated in tn" ,urt"lid Hence, he is responsible and liable for disciplinary action. (b) Cash deficit__-and discrepancies in cash denomination in Hanmak"na, Li.-iJil*.. It is observed that, Ass.istant Registrar of O/o DCO, warangat (U)/(Cash - .veriricatioi,'-'o"#i.u.; reached Hanmakonda Branch 91 wg.aroii'Dcc;',;; e:10 AM on 28.03.2017 and on verirication o,i."In'"o""rJr.."s she found a deficit of Rs.80.00 ,*lr o, iil,"", fi: issr. Manaser of the Bank produced a^pay_in_slip of,nxis-Aant Warangal indicarins deposit or ns.eb.oo r.il; ;; lii,lo?.rorr, i.e., on the day of verification-ilserr. es ol-r;"';;;;rn"nr of cash produced by the Hanmakonda ffir;_ Jit=pay_in_stip or Axis Bank dated 28.03.zo.rzl-nr'do.ijo j"'[,r, was moved from the Cash chesr, numbeiing 3#;-";;;."f Rs.2000/_ oenomination and 100_not".,ir rir.iooTl=-denomination. But, as per the tetter dated zz.os)iiii,of r"axis Bank an amount of Rs.80.00 r11ns was.rlc;l;;; ;'-ro,r, o, on 28.03.2017 and deDosired irto tru itttrinTi inrousn +ooo notes of Rs.2000/_ denomjnation. ffl..J, thu.rr.un.y notes equivalent to *.!9:oo ;k;;';;;;=ls.moved From the cash chest of Hanmakondi B;";;;';.; not rhe ones which were received _ano oeposit!;'';r-,;u,Axis bank. Further, as per rhe srl!:me.lt ;i'rh" 'u".,rilu,,on Officer Rs.80.00 takhs moved from the c";h ch";l' ;r 10:00 AM itself but the Axis Bank records ."u"ui, t-huiirluo,OO rutn, cash was deposited ar,1.1:37 nll-lri ih"i ioo not the currency notes referred. to have b;;; ;;;; Hanmakonda Branch Cash Chest. ---" "'vv'.-r rrom rhe The Supervisor of the ,Branch in his deposition dated 25.05.2017 stated that he was directeO b;;" Manager over phone at 9 AM ,o T9uu. tn" iu.n t-inr.i,j.oo takhs to the Axis Bank. He atso stated tnut, r," ;;;';;.;rp.nied by 8 SN,J W-P.No.l8l80 2023 l ..1 the car while carrying the cash to the Axis the CEO in Bank. A Rough Cash Book maintained by the Cashiers at COB ;";;;;".iti"ns of employees reveal that' in order to cover ,ri.t[ o"ri.iency in ihe' Hanmakonda Branch to the tune ;i il:ibil lu-tnl, tn" iaid amount was mov.ed from the los-6;h-.n"st and piio into the Axis Bank' The Asst' itI"'"n'"" ,inmitonoa etanch' in her written deposition li""ii ti","J that, there is a cash deficit of Rs'70'00 lakhs and the denomination for the^deficit in the ;#;i;;ritten as ns'iooo/- x 3500' on 28'03'2017 at ""li.o:ilioiT 7:00 AM, she recetved a call from the Branch Manager advising her to come- t-o ih" Hunr"nakonda . Branch and i"i"..JO about cash verification and that the Manager illJrgii*t.7o.oo rurtntlio.n in" coB with denomination of Rs.500/- x 14000. Further, it is observed that, as per the.request of the Nodal officer and the a.unih- Munuger, staff amount to fill in tne casn deficifon O3'O4'2017 (V'Vijender Reddy - 1,35,000, Faizunnisa Begum - 2'00'000' T. Niveditha - 2,00,000, Wahad Hussain - 2'00'000' ;. sh;i;j; --1,00,600, ani Kanvakumari - 65'000)' Therefore, it is clear that there was a-shortfall of Rs'80 lakhs in the Cash tn"ti of Hanamkondl uT:l :j wli""s;r octe on 27 '03'2ot7 and a massive cover up bY transfer of cash from. coB' ;;;;;;" Sri P Srinivas, the then GM I/C (Banking)' responsible for the Banking Operatlons at COA'-naving knowledge of the ;;l;r;g;1.r. operations, willfullv cooperated in the same and involved in tempo'aiy misappropriation.of DCCB funds and thus acted in a way'prejudicial to the interests of the eunL. t-|"n.", liable for disciplinary action' ^contributed tc\onverificationofRoughCashBookfortheperiodfrom b7.;;:rot; if,-ie.ot.zori, it is observed that' an amount of Rs.2,50,000/- was illegally drawn.from the Cash Chest unO nunO"O over to Sri F Siinivas' the then GM (I/C) on ie^0a.zOG. Sri P Srlnivas' DGM' is responsible and iicountabte to make good the loss' , I 9 SN,J W.P.No.l8 t 80 202i (a) It is observed that,..Sri p _srinivas, the then GM I/c along with CEO and other DGM S.i-,S."iuOnu held a meeting wth ail ManaOgls_9n Or.O4.2Or, anJ stated thar, there is a cash deficit it coe ano *reiIrlre-a]teo tre stan memb.ers to give cash from th;i. orJ;"D_ft A/cs and accordingly collected the funds tn.oujfr-ine"N"odal Officers to recoup the deficit cash balance It is thus observed that, sri p srinivas, the then GM r/c, invotved in temporarv misappropriiti"" ti btiu runds and i!1"9 i? a. way prejudiciat to i;" lrl;r["f, ,r," ,unr. Hence, liable for disciplinary action. The above acts on his oart.are prejudicial to the interest of the bank and tantamolnt to sr'av;;;;.;;r; in rerms of Staff Service Reoutation lvo.ss. disciplinary action, rirutiJ,i or ;i;;;:1"t tiabitity of Rs. 2, 50, 000/- atong with appticibr"' int"."rt' iiE.""r. Therefore, he is called ,?o.n to explain as to why disciptinary action shoutd noi be initiJJj-ugu,nst him for the irregurarities committeo. ui. "rpi.r"li#inouto .eacn the undersisned within 1s gays r.;; il;;;1" of receipt of this charge Memo, rairing whiih it *"rli ou .onstrued that, he has no ptausible erotination tt ti# ]io'iurtner action would be initiated against him as Ouur"OJit. '" -iunll)',,uo,u -oesiJu, DIS USSION A D oNC USI ON: t CHIEF EXECUTIVE OFFICER- 5 tt' 3 stan ln c re DOnd nt unsel AD ea rlnqo nbehalfoft instructi ons e ! a I tn ti e a s vt eM m r d m h r x c IV r f n r c BW r n a tr c a o e o e ch I 1 7 n u e l0 SN,J W.P.No.l8l80 2023 n tol w wl na fits uetothe oetitioner would 4 and all the reti reme nt be n s tit ne a n en itle ent as ecrsr na rrived at in n w n e o 6 The lea rned cou sel a oDea rrnq onbehalf of tit ner oe not r s ndi c a o eh !f of he resDond nt.

7. TAKING INTo coN SIDE TI N: a) The aforesaid facts and circumstances of the case' b) The submissions made by the tearrlqa counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the 3'd respondent, and upon consent of both the learned counsel on record, c) The fact as borne on record that the disciplinary proceedings initiated against the petitioner by the Memorandum of Charges dated 1-3't1-'20L7 had not been v II SN,J W.P.No.l8l 80 2021 concluded as on date and the petitioner retired from the service in the year 2O1g and the benefits due to the petitioner from the 3.d respondent-Bank were denied since the year 2019, . The writ petition is disposed of directing the 3'd Respondent Bank to conclude the disciplinary proceedings initiated against the petitioner in the year 201-7 within a period of four (O4) months from the date of receipt of copy of the order, in accordance to taw, in conformity with principles of natural justice by providing an opportunity of personal hearing to the petitioner and pass appropriate orders. The respondents are further directed to release all the retirement benefits due to the petationer as per petitioner's legal entitlement, as per the decision arrived at in the disciplinary proceedings, within a period of three (03) weeks thereafter. However, there shalt be no order as to costs. t Miscellaneous applications, if any, pending shall stand closed //TRUE COPYII SD/- C. DEEPIKA SISTANT REGISTRAR SECTION OFFICER J[::"?l]?|,Xr:fi 3i3f?0r3."" oe rative Department, secreta riat, Hvdera bad, The commissioner for coop.eralion a n-d Registration of cooperative societies. Government of Tetangana,'+tr rroor, cruirlilip?i"ivi"rrord_5oo 001 The Chief Executive Officer, !iubedari, Hanumakonda, W Warangal District Cooperative Central Bank Ltd., arangal District -506 OCi.t. \ To, 1 2 J 7'

4. G.Srinivas Rao, The lnquiry Officer/ Additional Registrar, Office of the 'Commissioner tor Coopdratiol. ,"0^ RegGirir-or ctgb"rbt"J Societiesl / Government of Telangana, 3rd Floor, Gruhakalpa, Hyderabad- 500 001. 5. Smt.V.Sumitra, Additional RegistrariChief Auditor, Office of the Commissioner for Cooperation and Registrar of Cooperative Societies, Govemment of Telangana, 4th Floor, Gruhakalpa, Hyderabad- 500 00i. 6. One CC to SRI D.GOVERDHANACHARY, Advocate [OPUC] 7. One CC to SRI P.SRINIVAS, Advocate [OPUC] 8. Two CCs to GP FOR SERVICES-Ill, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies I BSR PVL t HIGH COURT DATED: 2310612025 CC TODAY (- i.) 0 it stP 2,25 ,-',.;..! .':.|'.J: ill ''.=..,', ," - , .; -,::,-..:r. _ ._, -._: lii. ORDER WP.No.18180 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I ?t?lar