The High Court directed the first respondent to dispose of a pending appeal filed by the petitioner against his reinstatement order within four weeks to ensure eligibility for pensionary benefits.
First respondent directed to dispose of pending appeal within four weeks.
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THE HON’BLE SRI JUSTICE C. V. RAMULU
WRIT PETITION No.15057 of 2010
ORDER:
This writ petition is filed seeking a writ of Mandamus declaring the action of the second respondent in issuing proceedings dated 8.01.2010 in so far as reverting the petitioner to lower post of CategoryIV Assistant Manager and further imposing ban on further promotion as illegal and arbitrary.
It appears that the petitioner was appointed in the earstwhile Bhongir Banking Cooperative Central Bank Limited, on 4.09.1973. That being so, on 11.06.2009, the respondent issued Memo basing on the news published in Sakshi Telugu newspaper dated 6.9.2009, and an Enquiry Officer has been appointed. It is alleged that the enquiry was conducted in gross violation of principles of natural justice and that the Enquiry Officer found the petitioner guilty of the charges in his report dated 3.09.2010, without there being any evidence to the said effect. Further, on 19.09.2009, it stated that the petitioner was directed to deposit an amount of Rs.70,000/- with interest, and after depositing the said amount he was reinstated into service by the second respondent on 8.01.2010. However, aggrieved by the order date 8.01.2010 the petitioner filed an appeal before the first respondent and the same is still pending. According to the petitioner he is at the fag end of the service and unless the appeal filed by him is disposed of he may not be able to get the pentionary benefits.
Under those circumstances, without expressing any opinion on merits, the first respondent is directed to dispose of the appeal purported to have been filed by the petitioner on 21.01.2010 against the order passed by the second respondent dated 8.01.2010, and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
With the above directions the writ petition is disposed of. There
shall be no order as to costs.
_________________ (C. V. RAMULU, J.) 29th June, 2010. Js.
1 issue framed by the court
Whether the High Court was justified in directing the first respondent to dispose of the pending appeal against the petitioner's reinstatement.
Petitioner
First Respondent
Second Respondent
C. V. Ramulu
As recorded by the court registry
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