IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

Coram

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

AND

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

W.A.No.397 of 2022

Shanmuga Sundaram ... Appellant

Vs

1. The Chief General Manager

State Bank of India,

Local Head Office,

College Road,

Nungambakkam,

Chennai 600 006.

2. The Deputy General Manager (B&O)

State Bank of India

Zonal Office,

No.86, Rajaji Salai,

Chennai 600 001.

3 The Assistant General Manager

(Adminstrative officer) Disciplinary cell

Administrative Unit State Bank of India

chennai Network- 1 No 86 Rajaji Salai

chennai-1. ... Respondents

Prayer:Writ Appeal is filed under clause 15 of the Letter Patent

praying to set aside the order made in WP No.31163 of 2019 by

the order dated in 21.12.2021.

Prayer in W.P.No.31163 of 2019:

Petition filed under Article 226 of the Constitution of

India praying to issue a Writ order or Direction in the nature

of Writ Of Certiorari and quash the impugned order No.

DIS/CON/120 dated 9.6.2011 passed by the 3^rd Respondent.

https://hcservices.ecourts.gov.in/hcservices/

For Appellant

: Mr.A.J.Mohamed Kassim

JUDGMENT

The present appeal has been preferred against the order in

W.P.No.29747 of 2013 dated 16.12.2013 whereby the writ petition

was dismissed and the order of dismissal passed by the Bank

dated 09.06.2011 was not interfered with by the learned single

Judge.

2. It is the case of the writ petitioner/appellant that he

worked as a Special Assistant at the Vellore Main Branch of the

respondent Bank and was alleged to have unauthorisedly and

wrongfully debited the amount from various accounts to the tune

of Rs.22 lakhs. On account of the said misconduct he was placed

under suspension on 07.04.2010 in terms of provisions of

Memorandum of Settlement dated 10.04.2002. It is further case of

the appellant that after a detailed enquiry, three charges were

framed against him, which have been held to be proved and was

dismissed from service on 09.06.2011. Hence the appellant

preferred an appeal on 21.07.2011. According to the

appellant/writ petitioner, the appeal was not at all disposed of

and that he has sent a reminder on 27.02.2017. Apart from the

Disciplinary Proceedings a criminal case was also initiated

against the appellant/writ petitioner for various offences under

IPC, which was taken up as Calendar Case 1 of 2013. It is stated

by the Appellant that he was acquitted by the Criminal Court on

30.05.2019 and after acquittal by the criminal Court, the

appellant/writ petitioner made a representation on 01.08.2019 to

settle the terminal benefits, including all the arrears due to

him. Since the request was not acceded to the writ petitioner

has approached this Court challenging the dismissal order dated

09.06.2011.

3. The learned single Judge, after taking note of the

contention of the writ petitioner and the pleadings of the

respondents, wherein it has been contended by the Bank that the

writ petition has been filed beyond a period of eight years on

the ground of laches dismissed the writ petition.

4. The contention put forth by the respondent / Bank is that

when the dismissal order is in force, the appellant is not

entitled to get any relief including the retirement benefits.

The Bank further contended that the employee participated in the

Domestic Enquiry and due opportunity was given. Since the charge

https://hcservices.ecourts.gov.in/hcservices/

levelled against him is grave in nature, viz., misappropriation

of the public money, the Bank has no other option, except to

dismiss him from service. The appeal was also rejected on

23.07.2012 which was received by him on 02.08.2012. In the

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