High Court · 2025

Judgment

1. 2 J 4 5 b 7 8 department of Co- The State of Telangana, represented by.its Prl ,Se,cretary' operative Societies, Secretariat building' HyderaDao' Commissioner for Cooperation, Registrar of Coop Societies' Telangana' Hyderabad Joint Registrar/District Cooperative Officer' Karimnagar Deputy Registrar/Audit Officer, Karimnagar District Cooperative Central Bank Ltd Karimnagar. General Manager Karimnagar District Cooperative' Central Bank Limited District Collector/person lncharge, Chairman KDCCB Limited Karimnagar District Cooperative Officer, Kareemnagar Board of Dir.ectors of the Karimnagar District, coop central Bank Ltd Karimnagar ...RESPONDENTS

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 appropriate Writ' Order or Direction' more particularly one in thenatureofWritofmandamuscallingfortherecordsin.Ref:1155/85i2018-19 dated3l-0T.20lsissuedbytheRespondentno4andconnectedrecordsand quashthesamediscriminativeinnatureunconstitutional'illegal'arbitraryand violativeoftheFundamentalRightsofthePetitionersandconsequentlydirect the Respondents to pay the following amounts along with 18 % interest '1) release of 5 fi re r annual grade increments, 2) to treat tre period from 28-07-2004 to . 1..,_2005 as on duty ad payment of salaly. 3) treating the suspension p€rrir)(J rom 25-05-2012 ro 11-01-2013 as on duty .rnd payment of salary, 4) refund cf ls 2,00,053/_ kept under sundry account and 5) refund of Rs 1'00'000/- depol';ir zrnd payment of interest on Gratuity for the derayed period from 01-1 1-2013 tct:trt-06_20.t 5. Counsel for ther petitioner: SRI VLADTMEER KHATOON Counsel for the, Rer;pondent No.1 to 3: Gp FOR COOPERATION Counsel for the Rer;pondent No.S & 8: SRI SRINIVAS POLAV.ARApU, SC FOR CBL The Court made the ..ollowing: ORDER HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.38733 of 2O18 ORDER: This Writ Petition is filed calling for the records in Ref: 1155/85 /2O18-I9, dated 31.07.2O18 issued by the respondent No.4 and connected records and consequently direct the respondents to pay the following amounts along with 18% interest 1) release of 5 (five) annual grade increments 2) to treat the period from 28.07 .2OO4 to l5.l2.2OOS as 'on duty' and payment of satary 3) treating the suspension period frorn 25.05.2012 to 1 1.O 1.2013 as on duty and payment of salary 4) refund of Rs.2,00,053/- kept under sundry account and 5) refund of Rs.1,O0,0OO/- i f- deposit and payment of interest on gratuity for the delayed period from O1.11.2013 to 28.06.2015

2. Heard Mr.Vladimeer Khatoon, learned counsel for petitioner and Mr.Srinivas Polavarapu, learned Standing Counsel for Central Barrk Limited. Learned counsel for petitioner submits that service

3. conditions and disciplinary proceedings of Karimnagar Bank employees are governed by the Memoraldum of 2 NBK,J '* I,.\o:18733 of 20 18 Settlernr:nt dated 15.06 .lgZZ . lt is statecl that petitioner \ u,as a cle t'li/staff assistant working in the ba-rk,s clearing house, lLzrrclling cheques and DDs, and thzrt it u.a:; not his duty t,r v:ri ly the figures or words on the DDs. .l.he final audit re),rrt, dated 22.O1.20O3, submitted to the District Collector, t\rcommended recovering the rnisappr opriated amount frc,rn N.Shankaraiah and initiating disr:iplinary actlon aqr rr.st all bank officials named in the report. Respond,:nt No.5 issued the charge memo, dated 14.lO.i,O):. accusing petitioner of violating the balk,s standing _tstructions and failing to veriJv instr uments properl.,z, ''r hich allegedly caused a financial loss of Rs.3,25,5t)()r. and petitioner was held jointl.r arLd sr:verally liable alone; ,,r,ith other officials. It is further rstatr:d that Respondent No.5 issued show_cause notice. dated 18.05.2()t 4 directing him as well as Et.Narasiah, V.Vidyasag:r, arrd C.Anartha Reddy to explairr w.hy Rs.3,25,{iC,C,/ should not be recovered frorn them jointly ald sevr:r.rll1 . petitioner submitted his explanation ro that effect orr C,+ t)6.2OO4. Thereafter, respondent ..\o.(:, proceedir-r6:s rl;rted 2g.07.2004, dismissed him from .;ervice 3 NBK,J W P.No-38733 of 20 l8 and directed to pay Rs'3,25,500/- with interest @18% to the bank. It is submitted that inflicting two punishments for a single charge is against the settlement of Award' dated 15.07.1997, clause (viii), wherein it is stated that art erirployee found guilty of misconduct' whether gross or minor, shall not be given more than one punishment in respect of one charge ' Aggrieved by the same' petitioner filed W.P.No. 15932 of 2OO4, and the same was disposed of with a direction to prefer an appea-l before the Board of Directors, which is the Appellate Authority' Accordingly' an appeal was hled on 3O'07'2005' and the same was resolved on O4.1O.2O05 to waive earlier punishment orders and decided to reinstate petitioner into service with the punishment of stoppage of hve annual grade increments withcumulativeeffect'Thedismissalperiodwastreatedas leave, and the remaining period was treated as leave on loss of pay. The Appellate Authority' uide order ' dated 31.10.2005, directed petitioner to remit half of Rs.3,25,OOO/-, i'e', Rs'1,62'25O1-' with interest @1 l8o/o p.a., and he was reinstated into service with the above punishment. Challenging the sarne' petitioner filed NBK,J w.P No 1t,733 of 2018 W.P.No.2,1,lli:l of 2005 to quash the portion of the punishracn t ^elating to the stoppage of Iive aunue 1 grade incremen.s. rvith cumulative effect and also to se:t al,,ide the awarding o | ,:osts against the petitioner of a sum of Rs.

1.62,25t)t- arLd interest@18% p.a. This Court, vide interim order da.tt'c1 iZ.1 1.2005 in WPMP No.31536 of 2005 in W.p. No.2453 2 ,,lf 2005, directed the respondents t,r reinstate petitiont:r i-tr, service on depositing Rs. l,OO,0Otr/,., ald on such reinr;ttr.-ement, his salary shall be f,rxed in accc rdance with the r,rcL:-, dated 31.10.2005. It is subnritte,d that the said u,rit 1>,: fition was dispose d of uide or<ler, dated lB.O9.2Ql7 . rlirecting petitioner to file a represer tation, and acc o ,'cL it-r gly, petitioner made representation dated 08.ll.2C 17 u'hich was rejected uide orcler. dated 3l .O7 .2C 1 3 }lence, the present writ petition.

4. Lezrr t,:c Standing Counsel for Central Barrk L.imited for respc,ndern ts 5 and 8 hled a counter allidavit srtating that it \ .a s I t e petitioner's duty, as a Staff Asl;isternt, to issue de rrLzr-rcl drafts and update ledger entries. The petitioner f: i lr:tl to report tampering, corrections. and overwriting o t the drafts. It is further stated onlv one , 5 NBK.J w.P.No 38733 of20Ia consequential one, punishment, i.e., dismissal from service' was imposed on the petitioner, and the recovery of ttre amounts is only a but not a different Punishment' His rejected as the increments was claim for annual punishment order had become final' His request for salary frorn 28.07.2004 to |5'L2'2OO5 was denied' as he was dismissed during that period' though Rs'1'OO'155/- was paid for leave-treated service ' Salary fot 25 'O5 '2OL2 to 1 1 .O 1 .20 13 was also denied since he received subsistence allowance,andapenaltyofRs.5,ooo/-waslaterimposed. It is further stated that there is no illegality or irregularity in the order dated 3l'O7 '2018 and the petitioner is not entitled to get any relief' and the writ petition is liable to be dismissed

5. Learned Standing Counsel for Central Bank Limited for respondents 5 and 8 frled a memo' dated' t8'06'2025' enclosing the statement of amounts paid towards gratuity and leave salary to petitioner and further states that petitioner was paid the amount as per the punishment order imposed on 31'10'2005' and the same was recovered from the balk ald was kept under sundry account' They 6 NBK,J W.l'.No..l l73J of 2018 also enclo:;r:rl a copy of the punishment imposed on other employet:s, and the amounts recovererl from them' Addition ellr , they hled another statement shovr ing the excess zrri- ortnt recovered from the petitione:-' irrcluding interest, e rtd. calculating the interest payable to hirrl for the delayerl F'r1y ment of gratuity and leave et-rcas;hm ent and stated tlrir: they are ready to return the amount pr''yable to the p€titi()tr3r and the said calculation merno t.eads as follou,s: '1013' '1 relrtioner retired from Service on 31 10 2 lir:Ltuity amount as well as encashmetrt ol Letrve S:lit:'. r.tas credited to his account on 08 06'2015 to [hc .rrre of Rs.7,28,908 l- alter deducting an emolrnt rf F:; 2,00,253/- which is the amount recoverable frnm hin L1 u'ay,pf Punishment. 3) Lllerest: lnterest @ IOo/. per annum on Rs. 1..23,9O8/- from 1.11.2013 to 07 '06 2O15 u'h r:h crnlr; to arr amount ofRs. 1,16,626/- 4) Irrlrrest on the Excess Amount. recovercd frcm .he p( t lj)rer i.e-, Rs.23,703/- from 08.06.2015 to 1ill drrte lil t tl(a works out to Rs.42,934/- 5) '-r:irl alnount payable to petitioner Rs 1.16 (126/ + R;.t:.934/- = Rs 1,59,560/- " 6 . A d rr I t t 3d1y, the grievance of the petitionel is that punishrn€rI1, was imposed on him and on C 'furant'la Reddy and rrc i:lction was taken against other cc-erllployees' 7 NBK..I W.P.No.38733 oI20 18 However, from the memo dated 18.06.2025 filed by respondents 5 and 8, it can be seen that the Bank has imposed punishment ald also recovered amounts from other employees a1so. As such, the allegations made by the petitioner that the punishment was imposed alone on him, is untenable and incorrect.

7. Recording the averments made in the memo dated La.O6.2O25, the Writ Petition is disposed of. However, if the petitioner 15 aggrieved, liberty is granted to avail the remedies before the appropriate authorities. No costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/. N. CHAND SEKHAR DEPUW R G TRAR SE OFFICER To, Hvderabad Bank Ltd Karimnagar. Hvderabad, State of Telanqana. ariat building, 1. The Prl. Secretary, department of Co-operative Societies' Sec z ifr""ci,",ii'ii'ion"i roi co5p"ritiun, Registrar of coop Societies, Telangana, 3. iGloi;i Reqistrar/District Cooperative Officer, Karimnaqar ;. iil; 6.;iluii"iii.iii7Allriioifi""i,'ri'i."asar District- cooperative central 5. iil'b;;.il Nffi;S"; Karimnagar District cooperative, central Bank Limited 6. iii; [;i;i;t cJir"ct6itp.rson rndnarse, chairmin KDCCB Limited Karimnasar 7. The District Cooperative Officer, Kareemnagal. . . . 'tG'Xirimnagai District, Coop Central Bank Ltd B. The Board of Directors 6i s. iii" tdiJ'sRl vLADIMEER KHAr'ooN, Adv^o9q!e-[ofu9.] -. . ^. ib.6;i; dd i; sR'i sarr.rrvASpot-AVARAPU, sc^FoF cBL [o-PUC] - - , i;.i;; d6J"t" cplon cobpennloN, Hish court for the state of relansana 12.Two CD CoPies at Hyderabad [OUT] BSR HIGH COURI' DATED:1ilA6;2025 CC TODAY ORDER WP.No.3873"ri of 2018 ;F::.* , r4li\ T FIE. I in5 21 ( ,1') -- :'i- ir: . : "' DISPOSING OF THE WRIT PETITION, WITHOUT COIISTS ).,tD4;-