IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 13314 of 2009(H) PETITIONER: --------------- C.KARUNAKARAN, (FORMERLY DEPUTY MANAGER, STATE BANK OF INDIA), TC 654/3/2, RAJEEV LANE, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: --------------- 1. STATE BANK OF INDIA, LOCAL HEAD OFFICE, S.S.KOVIL ROAD, THIRUVANANTHAPURAM-695 001, REP. BY ITS GENERAL MANAGER. 2. THE GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, THIRUVANANTHAPURAM. BY STANDING COUNSEL FOR SBI SRI.P.V.SURENDRANATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY SP FORT HOSPITAL, THIRUVANANTHAPURAM DATED 31.5.2008. EXT.P1(a) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY SP FORT HOSPITAL, THIRUVANANTHAPURAM DATED 8.6.2008. EXT.P1(b) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY SP FORT HOSPITAL, THIRUVANANTHAPURAM DATED 4.7.2008. EXT.P1(c) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER BY SP FORT HOSPITAL, THIRUVANANTHAPURAM DATED 20.7.2008. EXT.P2 TRUE COPY OF THE JUDGMENT OF THE HIGH COURT DATED 30.6.2008 RENDERED IN W.P.(C) NO.13645 OF 2008. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 15.8.2008 SUBMITTED BY THE PETITIONER TO C.G.M., SBI, THIRUVANANTHAPURAM. EXT.P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 10.4.2009 ISSUED BY THE INDIAN INDEGENOUS PEOPLE SERVICE SOCIETY. EXT.P5 TRUE COPY OF THE NOTICE DATED 4.2.2009 ISSUED BY THE FIRST RESPONDENT BANK TO THE PETITIONER. EXT.P6 TRUE COPY OF THE REPLY DATED 5.3.2009 SUBMITTED BY THE PETITIONER TO EXT.P5 LETTER. EXT.P7 TRUE COPY OF THE PUBLIC NOTICE DATED 22.4.2009 ISSUED BY THE SECOND RESPONDENT IN “THE HINDU” ON 23.4.2009. EXT.P8 TRUE COPY OF THE CIRCULAR LETTER DATED 24.4.2009 ISSUED BY THE CGM, SBI, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ORDER DATED 25.6.2008 PASSED BY THE CHIEF GENERAL MANAGER. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 13314 OF 2009 ------------------------------------------------------ Dated this the 17th day of June, 2010 JUDGMENT In this Writ Petition, the petitioner has challenged Exts.P5 and P7 notices and Ext.P8 circular issued by the first respondent bank. 2. The petitioner was working as Deputy Manager, Currency Administration Cell, Pattom Branch, Thiruvananthapuram. While so, he was transferred to Parassala on 29.1.2008. Later, he was promoted as Middle Management Grade Scale III with effect from 31.3.2008. Consequent on the promotion, the petitioner was transferred to Punnayur Branch, Thrissur as Branch Manager, as per order dated 1.6.2008. The petitioner challenged the order of transfer before this court in W.P.(C) No.13645 of 2008. It was submitted that the petitioner had sustained serious injuries due to an accident and therefore, he could not join duty at Punnayur Branch. During the pendency of the Writ Petition, the Chief General Manager passed an order dated 25.6.2008, taking into account the submissions made at the Bar, allowing the petitioner to continue in a supernumerary post in the Administrative Wing I, Local Head Office W.P.(C) NO.13314 OF 2009 :: 2 :: Annex, Thiruvananthapuram till 15.7.2008. W.P.(C) No.13645 of 2008 was disposed of by Ext.P2 judgment dated 30.6.2008 recording the order passed by the Chief General Manager and allowing the petitioner to continue at Thiruvananthapuram till 15.7.2008. It was made clear by this Court that the order of transfer could be given effect to after 15.7.2008. The petitioner challenged Ext.P2 judgment in Writ Appeal, but the Writ Appeal was dismissed in limine. 3. The petitioner did not report for duty in spite of notice. On the other hand, the petitioner submitted Ext.P3 representation dated 15.8.2008 to the Chief General Manager of the Bank requesting to retain the petitioner in the cadre of MMG-III in any of the branches at Thiruvananthapuram and to regularize his medical leave from 12.5.2008 onwards till restoration of his health and also to make payment of medical bill, salary and house rent eligible to him. 4. Proceedings were initiated by the respondents under Rule 40(3) of the State Bank of India Officers Service Rules for the unauthorised absence of the petitioner for a period of more than ninety days. According to the respondents, notice was given to the petitioner before initiating proceedings and the petitioner did not join W.P.(C) NO.13314 OF 2009 :: 3 :: duty even thereafter. Ext.P5 notice dated 4.2.2009 was issued by the Assistant General Manager under Rule 40(3) of the State Bank of India Officers Service Rules to the petitioner directing him to report for duty and submit satisfactory explanation for the absence within thirty days. The petitioner did not join duty. The petitioner submitted Ext.P6 reply dated 5.3.2009 stating that he was under Ayurvedic treatment. In Ext.P5 notice it was made clear that if the petitioner failed to report for duty within thirty days, it would be deemed that he had voluntarily vacated his service in the Bank, amounting to voluntary resignation from service without giving requisite notice. Since the petitioner did not report for duty, Ext.P7 public notice dated 22.4.2009 was published in Hindu daily dated 23.4.2009 and Ext.P8 circular was issued by the Chief General Manager to all the branches of the Bank in Kerala Circle. 5. In the counter affidavit, it is pointed out that as per Rule 40 (3) of the State Bank of India Officers Service Rules the petitioner has got a right of appeal to the competent authority within three years from the date of order. The proviso to Rule 40(3) of the State Bank of India Officers Service Rules reads as follows: W.P.(C) NO.13314 OF 2009 :: 4 :: “Provided, however, that an officer may appeal to the competent authority within a period of three years from the date of order recording voluntary vacation under the aforesaid rule. The Competent Authority shall consider such appeal to treat the said order as rescinded if it is satisfied that the officer was prevented by any sickness incapacitating him from reporting for duty within the prescribed time or for any other sufficient cause, and pass such orders as it may deem fit in the circumstances of the case.” 6. The petitioner has an effective alternative remedy which can be availed even now. Instead of availing the effective alternative remedy, the petitioner has rushed to this Court. I do not think it is necessary to entertain the Writ Petition under Article 226 of the Constitution of India since there is an effective alternative remedy available to the petitioner. Reserving the right of the petitioner to avail the alternative remedy, the Writ Petition is dismissed. It is submitted by the learned counsel for the petitioner that the petitioner would file an appeal within one month. In case the W.P.(C) NO.13314 OF 2009 :: 5 :: petitioner files an appeal, the competent authority shall dispose of the appeal as expeditiously as possible. (K.T.SANKARAN) Judge ahz/