IN THE HIGH COURT OF MADRAS
V. Ramasubramanian and N. Kirubakaran, JJ.
K. Rengarajan and Ors. – Appellants
Vs.
Indian Overseas Bank – Respondent
W.P. Nos. 1559 to 1570 of 2014
Decided On : 31-03-2016
Constitution of India,1950 - Article 226 - First information reports - Terminated Employees - Appellants challenging Notices of personal hearing issued to them on proposed punishment of Dismissal pursuant in enquiry conducted by Respondent - Appellants are Employees of Respondent-Bank and they are the office bearers/Regional Committee members of All Indian Overseas Bank Employees Union - Respondent-Bank took steps to absorb Temporary Messengers and Sweepers working in Respondent-Bank, subject to their fulfillment of recruitment norms - Totally Temporary Messengers and Part-time Sweepers were absorbed in year - With regard to absorptions of aforesaid Messengers and Sweepers Complaints were received by Respondent-Bank alleging several malpractices in absorption – Later it was found that Certificates produced by Temporary Staffs who were working as Messengers and Sweepers were forged and fabricated - Held, Appellants is liable to be rejected and Appeals are dismissed - Only course available to Appellants is to face Criminal proceedings as well as to appear before Respondent pursuant to issuance of Notices of personal hearing within four weeks from date of receipt of a copy of Order - Writ Appeals are devoid of merits and are dismissed - There shall be no order as to costs - It has to be noted that many Trade Union Leaders and Office Bearers are really working and fighting for cause of Workers - Present cases are exceptions wherein Trade Union Leaders themselves are allegedly involved in misconduct and commission of offences - This Court cannot lose sight of fact that a few Trade Union Leaders and Office Bearers are indulging in misconduct and also commission of offences making use of their position as Office Bearers – Order Accordingly
N. Kirubakaran, J.
1. Writ Appeal Nos. 1559 of 2014 to 1562 of 2014 are against the dismissal of the Writ Petitions filed by the Appellants challenging the Notices of personal hearing issued to them on the proposed punishment of Dismissal pursuant in the enquiry conducted by the Respondent. Writ Appeal Nos. 1563 to 1570 of 2015 are against the Order of Dismissal passed in the Writ Petitions filed by the Appellants seeking Writ of Mandamus forbearing the Respondent from proceeding with the Departmental Enquiry pursuant to the registration of FIR against them.
2. The above said Writ Appeals have been filed against the common Order passed by the learned Single Judge, who dismissed all the Writ Petitions filed by the Appellants denying the relief sought for by them. The Appeals are against the common Order and therefore, all the Appeals are heard together and disposed of by this common Order. Moreover, the learned Counsel for both the parties advanced arguments in common in the above appeals.
3. The brief facts which are necessary for the disposal of these Writ Appeals are as follows:-
"(i) The Appellants are the Employees of the Respondent-Bank and they are the office bearers/Regional Committee members of "All Indian Overseas Bank Employees Union". The Respondent-Bank took steps to absorb Temporary Messengers and Sweepers working in the Respondent-Bank, subject to their fulfillment of recruitment norms. Totally, 438 Temporary Messengers and 539 Part-time Sweepers were absorbed in the year 2010-2011. With regard to the absorptions of the aforesaid Messengers and Sweepers, Complaints were received by the Respondent-Bank, alleging several malpractices in the absorption. Later, it was found that the Certificates produced by the Temporary Staffs, who were working as Messengers and Sweepers, were forged and fabricated. On that score, after following the due process of law, those persons, who produced the forged/fabricated documents and gained illegal entry into service, were terminated. Those terminated Employees filed Complaints complaining that the documents produced by them for absorptions of their service have been forged/fabricated at the instance of the Appellants and that the Appellants received money with the promise to get employment.
(ii) Based on the above facts, the Appellants were suspended and Departmental proceedings were initiated. Based on the Complaints given by the terminated Employees, the first information reports have been registered against the Appellants. Charges were framed against them in the Departmental proceedings. Subsequently, the Investigation Agency has taken up the investigation based on the F.I.R. filed by the terminated Employees and the Agency is yet to complete investigation and file Charge-sheet in all the cases.
(iii) Pursuant to the charges framed against the Appellants, enquiry was conducted with full participation of the Appellants. The Enquiry Reports filed by the Enquiry Officers were furnished to the respective Appellant. After getting explanation from the Appellants, considering the Report of the Enquiry Officers vis-a-vis the explanations given by the Appellants, the Respondent accepted the findings rendered by the Enquiry Officers. Before taking a decision to impose the punishment of dismissal, the Respondent issued Notices requiring the personal hearing on the proposed punishment. Those Notices of personal hearing were the subject matter of the Writ Petitions filed by the Appellants in the Writ Appeal Nos. 1559 of 2014 to 1562 of 2014.
(iv) In W.P. Nos. 1559 to 1562 of 2014, the Notices have been challenged on the ground that there was a pre-determination of punishment even in the Show Cause Notice and if the issue has already been prejudged, there is no point for the Appellant in taking part in the proceedings. The said contention was rejected by the learned Single Judge and t
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