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2015 Supreme(Ker) 1362

THOTTATHIL B.RADHAKRISHNAN, K.HARILAL
David – Appellant
Versus
Kuruppumpady Service Co-operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.P. Jacob, P.K. Vijayamohanan
For the Respondent: Anitha Ravindran

JUDGMENT :

K. Harilal, J.

The appellant in this intra-Court appeal is the petitioner in WP (C) No. 25797 of 2011 and review petitioner in RP No. 816 of 2013 filed therein. He joined the service of the 1st respondent, a Service Co-operative Bank, as its Secretary. While working so, he was placed under suspension on 18/11/2002, pending disciplinary proceedings proposed against him alleging misconduct. Eventually, the 1st respondent/Bank dismissed him from service on 20/3/2003, on the basis of the domestic enquiry report. The appellant challenged the dismissal order before the Arbitration Court as ACR No. 27 of 2006, pursuant to the direction of this Court in WP (C) No. 9764 of 2009. The Arbitration Court set aside the domestic enquiry report and conducted a fresh enquiry on the charges. Out of 16 charges contained in two charge memos dated 04/01/2003 and 11/01/2013, Charges Nos. 1, 3, 4, 8 and a part of Charge No. 7 were found to have been proved. Consequently, the dismissal was modified to reduction to a lower rank with service benefits including back wages. The 1st respondent challenged the arbitration award before the Co-operative Tribunal as AP No. 21 of 2008 and the appellant chal















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