Y SITARAMAIAH Vs. BANK OF BARODA LTD
LAWS(APH)-1969-4-27
HIGH COURT OF ANDHRA PRADESH
Decided on April 14,1969

Y.SITARAMAIAH Appellant
VERSUS
BANK OF BARODA LTD. Respondents


Cited Judgements :-

SEETHARAMA NAIDU VS. CHITTOOR DISTRICT CO OPERATIVE CENTRAL BANK LTD [LAWS(APH)-1977-7-4] [REFERRED TO]


JUDGEMENT

- (1.)The petitioner was appointed as an employee of the Bank of Baroda Ltd. Branch Secundeiabad on 12-12-55 as a Clerk. Some of the employees of the respondent Bank along with some outsiders in the year 1963 formed a private society know as the Bank of Baroda Housing society of which one Shri Y.C. Rao, was the President and the petitioner secretary. OQ 17-3-1964 the President of the society lodged a Criminal complaint under section 409 IPC. alleging that the petitioner had collected monies from the members of the aforesaid society tor purchase of land at the rate of Rs 5/- per sq yard; whereas the contract for the purchase of the land had been entered into at the rate of Rs. 3/- per sq yard. Funding investigation in the aforesaid complaint, the Bank by its communication dated 18-8-1964 suspended the petitioner from that date. The petitioner was on 15th November, 1965 convicted and sentenced by the 5th City Magistrate in C. C. 7309/64. The respondent Bank dismissed the petitioner from its service with effect from 15-11-1965 by a communication dated 30-11-1965.
(2.)The petitioner aggrieved by the conviction and sentence of the 5th City Magistrate, filed an appeal before tbe Principal Sessions Judge being Criminal Appeal No. 334/65. The learned Sessions Judge allowed the appeal on 16-2-1955 and acquitted the petitioner Alter his acquittal by the learned Sessions Judge the petitioner through his Advocate sent a notice to the Bank informing it of the acquittal and demanding reinstatement and payment of the salary due to him for the period of suspension to the date of notice. In reply to the aforesaid notice to the Bank, the respondent Bank by its commanication dated 27th October 1956 informed the petitioner that as the State had filed an appeal before the High Court against the acquittal and as it has been admitted, the muter wili be considered only after the decision of the High Court is made.
(3.)The Criminal Appeal filed against the acquittal of the petitioner was dismissed by the High Court on 21st June, 1968, The petitioner by a letter dated 1-7-1968 informed the respondent Bank of his acquittal by the High Court and requested that he be reinstated and immediate arrangements may He made to pay his arrears of salary, allowances, bonus, etc with effect from 15-8-1964, The aforesaid letter being left unreplied, he addressed another letter to the respondent-Bank on 19th July 1968 enclosing therewith a certified copy of the Judgment of the High Court in Crl. Appeal No. 760 of 1966. He also enclosed therewith a copy of the judgment delivered by the principal Sessions Judge, Secunderabad. He again requested to reinstate him and alo pay his arrears of salary, allowance, bonus etc, from 15-8-64, To this letter he received a telegram stating that a reply will be sent to him soon. The petitioner also addressed another letter on 9th September, 1968 expressing his surprise that he had been credited with a sum of Rs. 7,800/- and odd whereas he claimed that he had to receive three times that amount towards bis arrears of salary, allowances, bonus etc. The Bank by its letter No. Staff/13/255, dated 7tb October, 1968 informed him ; "We note you have been acquitted by the High Court by giving you the benefit of doubt. It has been decided to hold a departmental enquiry against you under the provisions of the Bipartite settlement.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.