2025 Supreme(Online)(Mad) 10808
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
J.RAJESH – Appellant
Versus
THE DISCIPLINARY AUTHORITY / – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.12.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.Nos. 16104, 16105 & 33904 of 2025 J.Rajesh ... Petitioner Vs.
The Disciplinary Authority /
The Assistant General Manager, HRM Section (DA Cell), 524, Anna Salai, Teynampet, Chennai- 600018. ....Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the suspension order dated 07.02.2025 vide proceedings in Ref; CNC HRMS DA 245 2025 and the consequent charge sheet vide REF.No; CNC DAC 393 E-37 CSO-12/2025 dated 21.02.2025 issued by the respondent, quash the same.
For Petitioner : Mr.D.Geetha For Respondent : Mr.P.R.Raman, Senior Counsel for Mr.Anupam Raghuram
O R D E R
This Writ Petition has been filed challenging the suspension order and the consequent charge sheet dated 21.02.2025 issued by the respondent.
2. The learned counsel appearing for the petitioner submitted that the petitioner is an Ex-Serviceman with physical disabilities caused during his Military Service. The Petitioner has 40 percentages Locomotor Disability. The Petitioner joined the services of the Respondent Bank on 11.09.2017, as Probationary Officer and served in many Branches, including Mangalur, MSME Sulabh Puducherry and now at SME Puducherry Branch. The Petitioner has an unblemished service record except for the Charges and the consequent punishments. The Petitioner is a member of the majority union of the Respondent Bank, namely Canara Bank Officers Association - CBOA for short. The Petitioner have undergone multiple transfers in quick successions and he has been promoted as Scale 2 Officer and the Petitioner presently employed at Canara Bank, SME Puducherry, after having highlighted corrupt practices in Petitioner's previous Office.
3. The learned counsel for the petitioner would submit that while the Petitioner was working as Manager in the Mangalur Branch, the Petitioner had applied for leave for the period starting from 31.01.2022 till 11.02.2022 on 04.01.2022. It was during Petitioner's tenure as Manager in the Mangalur Branch that Petitioner had highlighted various corrupt and illegal practices amounting to more than Rs. 1,00,00,000/- (Rupees One Crores/- only) followed by then Managers as well as other staff there, for which a biased Inquiry was conducted and the same is followed up with the Competent Authority. Subsequently, based on Pettioner's RTI related message postings in a closed WhatsApp Group meant exclusively for the officials of Canara Bank, the petitioner was suspended and based on E-mails, related to violation of RBI Guidelines and other malpractices that were sent by Petitioner to the higher officials and the Petitioner was charge-sheeted for the same. After completion of the Enquiry Proceedings, the Petitioner was issued with a punishment of reduction to a lower stage in time scale of pay by two stages for a period of two years with cumulative effect. The petitioner's Appeal against the said penalty was also dismissed by the Appellate Authority, confirming the above order of the Disciplinary Authority. Challenging the same, the Petitioner have preferred a Writ Petition challenging the said Orders in W.P.No. 38532 of 2024 before this Court and the same is pending for consideration. In the mean-while, the Respondent issued another impugned order of suspension to petitioner, dated 07.02.2025, on the allegation that the petitioner tampered the records having not attending the duty as if created a record that he attended the duty for the leave period and for the said charges, the petitioner was placed under suspension. Challenging the same, the petitioner filed a writ petition challenging the order of suspension dated 07.02.2025 and subsequent charge sheet dated 21.02.2025.
4. The learned counsel for the petitioner further submitted admittedly, the petitioner while he was employed in the Mangalur Branch