IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 OP.No. 4700 of 2001(H) --------------------------------- PETITIONER: ------------------- ANTONY ZACHARIAS, HOUSE NO.45, NANGACHIVETTIL, JAWAHAR NAGAR, KADAVANTHARA.P.O., KOCHI -20. BY ADV. SMT.I.SHEELA DEVI. RESPONDENTS: ----------------------- 1. STATE BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN, CENTRAL OFFICE, MADAM CAME ROAD, NARIMAN POINT, BOMBAY - 400 021. 2. DEPUTY MANAGING DIRECTOR (P & S), (APPELLATE AUTHORITY) S.B.I., MADAM CAME ROAD, NARIMAN POINT, BOMBAY - 400 021. 3. CHIEF GENERAL MANAGER, (APPOINTING AUTHORITY) S.B.I., LOCAL HEAD OFFICE, P.B.NO.187, RAJAJI ROAD, MADRAS - 1. 4. GENERAL MANAGER (OPERATIONS), (DISCIPLINARY AUTHORITY) S.B.I., LOCAL HEAD OFFICE, P.B. NO. 187, RAJAJI ROAD, MADRAS - 1. R2 TO R4 BY ADV. SRI.P.G.PARAMESWARA PANICKER (SR.), ADV. SRI.P.GOPAL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 4700/2001-H: ORDER ON C.M.P. NO. 7800/2001 IN O.P. NO. 4700/2001-H CLOSED 16/12/2008. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTIFICATION NO. F.17/11/85-B.O. III (I) DTD. 23/08/1985 CONTAINING THE ORDER AMALGAMATING THE BANK OF COCHIN WITH THE STATE BANK OF INDIA. EXT.P.2: COPY OF THE SUSPENSION ORDER NO. DIS/CON. NO. 1666 DTD. 29/09/1986 OF THE R.3. EXT.P.3: COPY OF THE MEMO OF CHARGES NO. DIS/CON/542 DTD. 31/03/1987 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.4: COPY OF THE REPLY TO THE MEMO OF CHARGES SUBMITTED BY THE PETITIONER ON 11/06/1987. EXT.P.5: COPY OF THE RELEVANT EXTRACT OF THE BANK OF COCHIN SERVICE CODE. EXT.P.6: COPY OF THE CIRCULAR NO. PER:44 DTD. 222.5.1987 ISSUED BY PERSONNEL DEPARTMENT, STATE BANK OF INDIA, LOCAL HEAD OFFICE, MADRAS TO ALL BRANCHES IN MADRAS CIRCLE. EXT.P.7: COPY OF THE RELEVANT EXTRACT OF THE STATE BANK OF INDIA (SUPERVISING STAFF) SERVICE RULES. EXT.P.8: COPY OF THE PROCEEDINGS OF THE ENQUIRY CONTAINING DEPOSITIONS OF THE WITNESSES AND PROCEEDINGS SIGNED BY ENQUIRY OFFICER DTD. 06/06/1988. EXT.P.9: COPY OF THE DEFENCE BRIEF SUBMITTED BY DEFENCE REPRESENTATIVE DTD. 11/07/1988 BEFORE THE ENQUIRY OFFICER. EXT.P.10: COPY OF THE ENQUIRY REPORT DTD. 11/08/1988 OF THE ENQUIRY OFFICER. EXT.P.11: COPY OF THE LETTER NO. IQ/NRP/77 DTD. 11/09/1987 OF THE ENQUIRY OFFICER TO THE PETITIONER. EXT.P.12: COPY OF THE PEX.29 FURNISHED TO THE PETITIONER AT THE COMMENCEMENT OF THE DOMESTIC ENQUIRY. EXT.P.13: COPY OF THE PEX.29 PRODUCED IN EVIDENCE DURING ENQUIRY BY THE MANAGEMENT. EXT.P.14: COPY OF THE LETTER DTD. 28/03/1988 SUBMITTED BY THE PETITIONER TO THE ENQUIRY OFFICER. O.P. NO. 4700/2001-H: EXT.P.15: COPY OF THE LETTER NO. IQ/NRP/55 DTD. 04/06/1988 OF THE ENQUIRY OFFICER TO THE PETITIONER. EXT.P.16: COPY OF THE ORDER NO. DIS/CON/1284 DTD. 24/09/1988 OF THE R.4. COMMUNICATING THE ORDER OF DISMISSAL PASSED BY THE R.3. EXT.P.17: COPY OF THE APPEAL MEMORANDUM DTD. 14/11/1988 SUBMITTED BY THE PETITIONER BEFORE THE R.2. EXT.P.18: COPY OF THE ORDER DTD. 10/08/1989 OF THE R.2. FORWARDED TO THE PETITIONER BY THE CHIEF VIGILANCE OFFICER NO. VIG/3635 DTD. 11/08/89. EXT.P.19: COPY OF THE ORDER DTD. 11/08/2000 IN W.A. NO. 406/1994 IN O.P. NO. 9745/89 OF THIS HON'BLE COURT. EXT.P.20: COPY OF THE NO.A&R/95/4450 DTD. 16/10/2000 ISSUED BY THE APPELLATE AUTHORITY. EXT.P.21: COPY OF THE E.P.F. STATEMENT ISSUED FROM THE R.1. BANK EXT.P.22: COPY OF THE CERTIFICATE DTD. 10/10/1984 ISSUED FROM THE BANK. EXT.P.23: COPY OF THE REPRESENTATION DTD. 07/07/2003 SUBMITTED BY THE PETITIONER TO THE R.4. EXT.P.24: COPY OF THE MEMORANDUM DTD. 01/11/2000 ISSUED BY THE ASSISTANT GENERAL MANAGER, KOTTAYAM BRANCH OF THE R.1. BANK. EXT.P.25: COPY OF THE CERTIFICATE SHOWING MEMBERSHIP NO. Z.194, DTD. 15/07/80. EXT.P.26: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE D.G.M. EXT.P.27: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE D.G.M. RESPONDENTS' EXHIBIT: EXT.R3.A: COPY OF THE STATEMENT FOR THE PERIOD FROM APRIL 2004 TO MARCH 2005. //TRUE COPY// P.A. TO JUDGE. prv. S. SIRI JAGAN, J. ------------------------------------ O.P.No.4700 OF 2001 ---------------------------------------- Dated this the 16th day of December, 2008 JUDGMENT The petitioner started service as an employee of the erstwhile Bank of Cochin, which Bank was later amalgamated with the State Bank of India. As a result, the petitioner became an officer of the State Bank of India. While he was working so, disciplinary proceedings were initiated against him on allegations of serious misconducts, which ended in imposition of the punishment of termination from service. After a spate of litigation, ultimately the appellate authority considered the matter and passed Ext.P20 order, by which taking a lenient view, the petitioner's termination from service was set aside and a lesser punishment of bringing him down to the initial stage in the scale of pay of Junior Management Gr. Scale I was imposed on him. In that order itself the period of suspension and the period during which he was kept out of service on account of the punishment, were directed to be treated as follows: O.P.No.4700/2001 2 “The period of his suspension will be treated as such. The period spent from the date of penalty order i.e. the 24 th September, 1998 to the date of his reinstatement vide this order will be treated as extraordinary leave on loss of pay and not benefit would accrue to him whatsoever during the aforesaid period”. 2. Although the petitioner challenges the entire disciplinary proceedings culminating in Ext.P20, in view of the fact that the petitioner is due to retire on 31.3.2009, the petitioner confines his relief for a direction to treat the suspension period and the period during which he was kept out of service as reckonable for the purpose of pension. 3. This is seriously opposed by the learned counsel for the Bank. According to him, it is the discretion of the disciplinary authority or the appellate authority to decide as to how the period of suspension and period during which the delinquent was kept out of service, consequent to imposition of punishment before reinstatement, has to be treated. That discretion was exercised correctly is the contention raised. 4. On a reading of the above said direction in Ext.P20 order, I find some ambiguity therein in so far as the order simply says that the period of his suspension will be treated as O.P.No.4700/2001 3 such. As to whether it would be considered for the purpose of retirement benefits or not is not clear. It is also not clear as to whether it would operate as a break of service. Taking into account the facts and circumstances of the case, I feel that a lenient attitude should be shown to the petitioner in the matter. In the above circumstances, I direct that the period of suspension of the petitioner shall be reckoned as service for the purpose of calculating pension of the petitioner. He would not be entitled to any other service benefits in respect of that period. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.No.4700/2001 4