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2016 Supreme(Ker) 260

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
V. Raghudharan - Petitioner
Versus
Union Bank of India & Others - Respondents
W.P.(C) No. 38387 of 2010
Decided On : 26-02-2016

Advocates:
Advocate Appeared:
Sri. B. Ragunathan, Sri. G.S. Mohandas, Sri. R. Srinath, Sri. K. Surendran (Parassala), Sri. Vipin Varghese
Sri. A.S.P. Kurup, SC, UBI

JUDGMENT :

The case projected in this Writ Petition is as follows:- That while holding the post of Senior Manager, the petitioner had retired from the service of the 1st respondent Union Bank of India on 1.11.2008, with 35 years of unblemished service. That there were no previous instances of any disciplinary action being taken against the petitioner, except on the basis of the incidents alleged in the present case. In respect of certain allegations raised against one Sri. A.P. Varghese, a Branch Manager of the respondent bank, the Chief Manager (Zonal Vigilance Cell) of the Bank had taken a statement from the petitioner as per Ext.P-3 dated 20.5.2008. On the basis of Ext.P-3 statement, the Assistant General Manager (Industrial Relations) of the Bank issued Ext.P-1 memo dated 17.7.2008 to the petitioner raising certain allegations and calling upon the petitioner to show-cause within seven days therefrom as to why appropriate disciplinary action should not be initiated against him for the lapses alleged therein, etc. Pursuant to Ext.P-1 memo, the petitioner had submitted Ext.P-2(2) reply dated 30.7.2008, which was forwarded by the Deputy General Manager as per Ext.P-2(1) to the disciplinary authority concerned. In Ext.P-2(1) the Deputy General Manager of the bank, after receipt of the petitioner's Ext.P-2(2) reply, has specifically recommended stating that from the explanation submitted by the petitioner that he only introduced the State Government officials concerned to Sri. A.P. Varghese, the then Branch Manager, for mobilisiing deposits for his branch with the good intention to increase the business of the branch and accordingly, it has been specifically recommended in Ext.P-2(1) by the Deputy General Manager that a lenient view may be taken in the matter. It is common ground that till the retirement of the petitioner, no charge memo/charge sheet was ever issued to the petitioner by the competent disciplinary authority in accordance with the provisions contained in the Bank's (Discipline and Appeal) Regulations, 1976. As indicated above, the petitioner duly retired from service on 1.11.2008 and Ext.P-4 certificate of appreciation was also issued by the respondent bank authorities certifying that the petitioner has served the bank for over 35 years with sincerity and dedication and has retired from service on 1.11.2008 and that the bank records their sincere appreciation of the petitioner's invaluable contribution to the growth and development of the bank, etc. Thereafter, the General Manager (Personnel) in his capacity as disciplinary authority has issued Ext.P-5 letter dated 31.10.2008 to the petitioner referring to the allegations in Ext.P-1 memo dated 10.7.2008 and informing him that in terms of Regulation 20(3)(iii) of the Union Bank of India Officers' Service Regulations, 1979 and the amendments thereto, the petitioner will be ceased to be in service of the bank from the date of his superannuation on 1.11.2008 and that the disciplinary proceedings will continue as if he is in service until proceedings are concluded and final order is passed in respect thereof and that the petitioner will not receive any pay or allowances after the date of superannuation and he will not be entitled for payment of retirement benefits till the disciplinary proceedings are completed and final orders are passed thereon, except his contribution to the compulsory provident fund, etc. It is thereafter, that Ext.P-6 charge sheet has been issued against the petitioner in respect of the above allegations for the first time on 5.2.2009 and the articles of the charges therein are on the basis of Ext.P-1 memo, whereunder it is alleged that Ext.P-2(2) explanation submitted by the petitioner is not convincing and that the fact remains that the petitioner arranged deposit of rupees five crores from the Kerala Building and Other Construction Workers' Welfare Board for Kattappana and Nagampadam branches by paying commission and his action of procuring/enga

























































































































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