S S Krishna Murthy Vs Union of India

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APHC010253672024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 12670 OF 2024

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Between;

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S. S. Krishna Murthy, S/o. Venkateswara Rao, Aged 38 Years, Occ; Service, R/o. 5-64/85/1/19, Brodipet, Guntur, Gutur District.

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...Petitioner

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AND

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Union of India, Rep. by its Secretary to Government of India, Ministry of Finance, New Delhi.

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Reserve Bank of India, Rep. by its Regional Director, Fort Glacis, No. 16, Rajaji Salai, Chennai - 600 001.

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Canara Bank, Rep. by its Managing Director, Regd. Office-112, J. C. Road, Bangalore, Karnataka.

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Can Fin Homes Ltd, (Sponsor- Canara Bank) Rep. by its Managing Director, Regd. Off29/1, Sri M. N. Krishna Rao Raod Basavangudi Bangalore - 560 004.

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Sri Sarathchandran V, Chief Manager, Can Fin Homes Ltd., Regional Office, Bangalore.

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Sri Prathap K, Manager, Can Fin Homes Ltd., Regional Office Bangalore.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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r

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pleased to issue a writ, order or direction more particularly^{oneinthenature} of WRIT OF MANDAMUS declaring the inquiry proceedings^{beingconducted} by the 5'*^ Respondent in the matter of Charge Sheet^{underRef.NoCFH-DP-} STF-692- CH 16/23-24 Dt-11.03.2024 issued by 4‘^ Respondent^andArticleof Charges annexed thereto, as illegal, irregular, arbitrary,^{biased,malicious.} violative of principles of Natural Justice settled principles of service jurisprudence and violative of the provisions of Can^{FinHomes(Staff)Service} Regulations, 1988 and offends Articles 14, and 21 of^{ConstitutionofIndiaand} consequently Quash all said proceedings including Articles of Charges framed against the petitioner or alternatively terminate^{theappointmentof5^^} Respondent as inquiry Officer and direct the 4‘^ Respondent^toappoint an alternative external prudent personal as an inquiry officer to conduct the proceedings in unbiased, fair and transparent manner.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition,^{theHighCourtmaybe} pleased to grant stay of all further proceedings in^{thematterofinquirybeing} conducted by 5 Respondent in the matter of Charge Sheet under Ref.^No; CFH:DP:STF:692: CH: 16/23-24 Dt: 11.03.2024 issued by 4‘^ Respondent and Article of Charges annexed thereto, pending disposal of the main Writ Petition.

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lA NO: 1 OF 2025

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Between;

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Can Fin Homes Ltd, (Sponsor- Canara Bank) Rep. by^itsManaging Director, Regd. Off29/1, Sri M. N. Krishna Rao Raod Basavangudi Bangalore - 560 004.

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Sri Sarathchandran V, Chief Manager, Can Fin Homes^Ltd., Regional Office, Bangalore.

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Sri Prathap K, Manager, Can Fin Homes Ltd. Regional Office, Bangalore.

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...Petitioners/Respondents 4 to 6

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AND

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S. S. Krishna Murthy, S/o. Venkateswara Rao, Aged^38Years,Occ: Service, R/o. 5-64/85/1/19, Brodipet, Guntur, Gutur^District.

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Union of India, Rep. by its Secretary to Government^ofIndia, Ministry of Finance, New Delhi.

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Reserve Bank of India, Rep. by its Regional Director, Fort Glacis, No. 16, Rajaji Salai, Chennai - 600 001.

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Canara Bank, Rep. by its Managing Director, Regd.^{Office-112,J.C.} Road, Bangalore, Karnataka.

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...Respondents

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased^to vacate the interim order dated 25.06.2024 in W.P. No.¹²⁶⁷⁰ of 2024 and dismiss the WP.

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lA NO: 2 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased^to receive Reply Affidavit on record by allowing the Leave^{Petitionintheabove} Writ Petition.

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Counsel for the Petitioner: SRI VENKATA MOHAN RAO PATHAKOTA, Counsel for the Respondent Nos. 1 & 2 : SRI P. PONNA^RAO,DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3 : SRI SREEDHAR VALIVETI Counsel for the Respondent Nos.4 to 6 : SRI BALAJI^MEDAMALLI Counsel for the Respondent: GP FOR SERVICES I The Court made the following :

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APHC010253672024

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[3460]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 12670 OF 2024

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Between:

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1.S.S.KRISHNA MURTHY, S. S. KRISHNA MURTHY S/O VENKATESWARA RAO AGED 38 YEARS, OCC- SEIVICE, R/0 5- 64/85/1/19, BRODIPET, GUNTUR, GUTUR DISTRICT.

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...PETITIONER

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AND

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1.UNION OF INDIA, REP. BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI.

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2.RESERVE BANK OF INDIA, REP. BY ITS REGIONAL DIRECTOR, FORT GLACIS, NO. 16, RAJAJI SALAI, CHENNAI - 600 001

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3.CANARA BANK, REP. BY ITS MANAGING DIRECTOR, REGD. OFFICE-112, J. C. ROAD, BANGALORE, KARNATAKA.

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4.CAN FIN HOMES LTD, (SPONSOR- CANARA BANK) REP. BY^ITS MANAGING DIRECTOR, REGD. OFF29/1, SRI M. N. KRISHNA RAO RAOD BASAVANGUDI BANGALORE - 560 004

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5.SRI SARATHCHANDRAN V, CHIEF MANAGER, CAN FIN HOMES LTD., REGIONAL OFFICE, BANGALORE.

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6.SRI PRATHAP K, MANAGER, CAN FIN HOMES LTD., REGIONAL OFFICE, BANGALORE.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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VENKATA MOHAN RAO PATHAKOTA

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2.KOYI SOWMYA

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Counsel for the Respondent(S):

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1.BALAJI MEDAMALLI

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2.GP FOR SERVICES I

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3.SREEDHAR VALIVETI

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The Court made the following:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 12670 OF 2024

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ORDER:

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The present Writ Petition is filed questioning the inquiry proceedings being conducted by the Respondent No.5 in the matter of Charge Sheet under Reference No.CFH: DP; STF:692; CH:16/23-24, dated 11.03.2024 issued by the Respondent No.4 and Articles of Charges framed therein as illegal and arbitrary.

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The Petitioner is an employee of Can Fin Homes Limited.^Whilehe was working as Manager at Vijayawada Branch, the Respondent^No.4was issued a Charge Memo dated 11.03.2024 under Regulation 76, under Chapter XI (Discipline and Appeal) of Can Fin Homes Staff Service Regulations (Amendment), 2018 against the Petitioner and placed him under suspension from 21.10.2023. Questioning the same, the Petitioner sought for certain documents to deny his case with regard to Articles of Charges framed against him. As the same was not being furnished, the present^{WritPetitioncameto} be filed.

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Learned Standing Counsel for the answering Respondent^No.4would submit that the Writ Petition is not maintainable as the Respondent No.4 cannot be termed to be a State of Article 12 of the Constitution of India. Learned counsel further relied upon a Judgment of this^{Courtwithreferenceto}

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Respondent No.4 in “P.S.Sudhir V. Canfin Homes Ltd., Bangalore and

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Others

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Having heard the respective counsel, this Court in P.S.Sudhir’s case cited supra had considered the issue whether Writ Petition can be maintained against the Respondent No.4 and taking note of the constitutional bench of the Hon’ble Supreme Court in “Pradeep Kumar Biswas V. Indian Indian Institute of Chemical Biology"^ it was held that the Respondent No.4 ISi: neither a State nor an instrumentality of the State. The Petitioner’s service grievance therein cannot be pursuant under Article 226 of the Constitution of India.

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Since, this issue pertains to Can Fin Homes Limited, this Court being governed by the Judgments cited supra, have no option to dismiss the Writ Petition for want of maintainability. The Petitioner is at liberty to pursue his remedies before appropriate fora, having jurisdiction.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.

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^ 2012 SCu OnLine AP 809 ^2002) seem

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//TRUE COPY//

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SRINIVASA RAO ASSISTANT registrar

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To,

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SEeTION OFFieER

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