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1986 Supreme(Ker) 40

M.P.MENON
K. BABU – Appellant
Versus
UNION BANK OF INDIA – Respondent


Judgment :-

1. The petitioner, a clerk/cashier of the Kottayam Branch of the Union Bank of India, was prosecuted for offences punishable under S.409, 467 and 477 A of the Indian Penal Code, for alleged forgery of a cheque and unauthorised withdrawal of amounts from the account of one of the bank's constituents. The criminal court acquitted him on the ground "that the prosecution had failed to bring home the guilt of the accused beyond reasonable doubt". Notwithstanding the acquittal the management of the Bank decided to proceed against the petitioner departmentally, by issuing Ext.P1 charge-sheet and appointing an enquiry officer. The petitioner "objected to the holding of the enquiry" on various grounds, but the Bank management was not prepared to relent. This writ petition was thereupon filed in December, 1982 challenging the authority of the management to take disciplinary action against its employees in respect of acts of omission or commission of which they are already adjudged not guilty by the criminal court of the land. (The challenge to Ext.P3 was not pressed at the hearing).

2. It is common ground that in matters relating to "disciplinary action and procedure therefor", th


































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