B VISHWANATHA REDDY Vs. ANDHRA PRAGATHI GRAMEENA BANK
LAWS(APH)-2010-1-6
HIGH COURT OF ANDHRA PRADESH
Decided on January 19,2010

B.VISWANATHA REDDY Appellant
VERSUS
ANDHRA PRAGATHI GRAMEENA BANK, CHAIRMAN Respondents




JUDGEMENT

- (1.)The petitioner herein is working as Clerk- cum-Cashier in the 1st respondent Bank at Kalasamudram Branch. By order dated 17.01.2008 passed by the 2nd respondent, the petitioner was placed under suspension pending enquiry into the alleged serious irregularities committed by him at Kalasamudram Branch. Subsequently, a charge-sheet dated 1.3.2008 was issued by the 2nd respondent proposing to initiate disciplinary action against the petitioner under Regulation 38(ii) of Andhra Pragati Grameena Bank (Officers and Employees) Service Regulations, 2006. The petitioner submitted his written statement of defence denying the allegations levelled in the charge-sheet. Thereafter, an Enquiry Officer has been appointed to enquire into the allegations in the charge-sheet and while the enquiry is under progress, the present writ petition has been filed seeking a declaration that the said enquiry is arbitrary, illegal and violative of the principles of natural justice on the ground of the respondent's failure to produce the complainants for cross-examination apart from non-furnishing a copy of the report of the investigating officer, who also deposed as a witness on behalf of the Management.
(2.)I have heard the learned counsel for both the parties.
(3.)It is contended by the learned counsel for the petitioner that the petitioner/ delinquent is entitled to insist upon production of the complainants to ascertain the contents of their complaints and also to verify as to whether they are the authors of the complaints or not. It is also contended that the respondents are bound to supply a copy of the investigation report particularly when the investigation officer has been examined as a witness on behalf of the Management. In support of his submissions, the learned counsel for the petitioner relied upon the decisions of the Supreme Court in Hardwari Lal v. State of U.P. (1) (1999) 8 SCC 582 and Deepak Puri v. State of Haryana (2) (2000) 10 SCC 373.


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