Ranajit Mahapatra v. The Chief Manager And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.20603 of 2019 ORDER :

This writ petition is filed seeking a Writ of Mandamus declaring the action of the 2nd respondent in suspending the services of the petitioner vide proceedings dated 06.10.2018 as arbitrary and illegal, and to set aside the same and also consequently, to issue a direction to the respondents to reinstate the petitioner into service with all consequential benefits.

Heard Smt. N.Malathi Naidu, counsel for the petitioner, and Sri E.Madan Mohan Rao, Standing Counsel appearing for the respondents.

It has been contended by the petitioner that he is working as Assistant Manager with the respondents and he has been discharging his duties to the best satisfaction of his superiors and every one concerned. While the petitioner was working as an Assistant Manager, it was alleged that he has committed fraud and illegally drawn Rs.2,00,000/- from the account of one Venkateswara Rao with Insta Card, and based upon the said allegation, the petitioner was placed under suspension vide proceedings dated 06.10.2018. Challenging the said proceedings, the present writ petition is filed. Counsel for the petitioner contended that the grievance of the petitioner is two fold: one is placing the petitioner under suspension is

unwarranted, and the second is the respondents are not reviewing the suspension orders in accordance with Rules. Therefore, counsel for the petitioner contended that on these two grounds, the suspension orders are liable to be set aside by directing the respondents to reinstate the petitioner into service with all consequential benefits. Standing Counsel appearing for the respondents had contended that the case of the petitioner was reviewed in accordance with the Regulations of the respondent Bank and the respondents have decided to continue the petitioner under suspension vide orders dated 20.09.2019, therefore, there are no merits and the writ petition is liable to be dismissed. Standing Counsel further contended that the disciplinary proceedings initiated against the petitioner would be concluded within a reasonable period of time, preferably within six months from today.

This Court, having considered the rival submissions of learned counsel for respective parties, is of the considered view that this writ petition can be disposed of directing the respondents to conclude the disciplinary proceedings initiated against the petitioner within a reasonable period of time, preferably within six months from today, failing which the petitioner stands reinstated into service with all consequential benefits.

With the above observations, the Writ Petition is disposed of. It is needless to say that the petitioner will co-operate with the

disciplinary authority in concluding the disciplinary proceedings initiated against him. No costs.

Miscellaneous petitions, if any, pending shall stand closed. _____________________________________ JUSTICE ABHINAND KUMAR SHAVILI 23.12.2019 v v