IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 OP.No. 22555 of 2002(I) --------------------------------- PETITIONER: ------------------- C.A.VIMALAKUMARAN, STAFF NO.1202, CLERK, SOUTH MALABAR GRAMIN BANK, MULLANKOLLY BRANCH, PULPALLY, WAYANAD. BY ADV. MR.P.K.ABOOBACKER. RESPONDENTS: ------------------------ 1. THE CHAIRMAN (DISCIPLINARY AUTHORITY), SOUTH MALABAR GRAMIN BANK, H.O. MALAPPURAM. 2. THE SENIOR MANAGER, PERSONAL ADMINISTRATION DEPARTMENT, SOUTH MALABAR GRAMIN BANK, H.O. MALAPPURAM. 3. THE APPELLATE AUTHORITY, (BOARD OF DIRECTORS), SOUTH MALABAR GRAMIN BANK, H.O. MALAPPURAM. 4. THE GENERAL MANAGER, INDUSTRIAL RELATION CELL,SOUTH MALABAR GRAMIN BANK H.O. MALAPPURAM. R1 TO R4 BY ADV. MR. T.R.RAVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 22555/2002-I: ORDER ON C.M.P. NOS. 38605/2002 AND 17788/2003 IN O.P. NO. 22555/2002-I DISMISSED 16/02/2009. SD/- HARUN-UL-RASHID, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CHARGE SHEET DTD. 09/06/97 ISSUED BY THE R.1 TO THE PETITIONER. EXT.P.2: COPY OF THE LETTER DTD. 10/03/98 FORWARDED BY THE PETITIONER TO THE ENQUIRY OFFICER. EXT.P.3: COPY OF THE ENQUIRY REPORT DTD. 28/11/98 FORWARDED BY THE R.1. TO THE PETITIONER. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 16/03/99 OF THE R.1. ISSUED TO THE PETITIONER. EXT.P.5: COPY OF THE LETTER DTD. 17/03/99 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.6: COPY OF THE SALARY SLIP FOR THE MONTH OF FEBRUARY 99. EXT.P.7: COPY OF THE SALARY SLIP FOR THE MONTH OF MARCH 99. EXT.P.8: COPY OF THE RELEVANT PORTION OF THE GUIDELINES FOR THE PROCEDURE TO BE ADOPTED FOR DISCIPLINARY ACTION IN REGIONAL RURAL BANK. EXT.P.9: COPY OF THE JUDGMENT DTD. 09/04/99 OF THIS HONOURABLE COURT. EXT.P.10: COPY OF THE MEMORANDUM OF APPEAL DTD. 23/04/99 FILED BY THE PETITIONER BEFORE THE R.3. EXT.P.11: COPY OF THE LETTER DTD. 27/05/99 ISSUED BY THE R.4. TO THE PETITIONER. EXT.P.12: COPY OF THE JUDGMENT DTD. 07/10/99 IN O.P. NO. 17056/99. EXT.P.13: COPY OF THE LETTER DTD. 18/01/2000 ISSUED BY THE R.4. TO THE PETITIONER. O.P. NO. 22555/2002-I: EXT.P.14: COPY OF THE JUDGMENT DTD. 01/03/00 IN O.P. NO. 11270/00. EXT.P.15: COPY OF THE MEMORANDUM OF APPEAL DTD. 30/04/2002 SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY. EXT.P.16: COPY OF THE LETTER DTD. 11/05/2002 ISSUED BY THE R.4. TO THE PETITIONER. EXT.P.17: COPY OF THE LETTER DTD. 15/05/2002 ISSUED BY THE R.4. TO THE PETITIONER. EXT.P.18: COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF MAY 02. EXT.P.19: COPY OF THE CIRCULAR ISSUED BY THE BANK SHOWING THE DUTIES AND RESPONSIBILITIES OF JUNIOR CLERKS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. --------------------------- O.P.NO.22555 OF 2002 ---------------------------- DATED THIS THE 16TH DAY OF FEBRUARY, 2009 JUDGMENT This original petition is filed for quashing Exts.P3, P4, P5, P16 and P17 and to quash the domestic enquiry proceedings and absolve him from all the charges mentioned in Ext.P1 charge memo and to direct the lst respondent to conduct a domestic enquiry denovo after affording reasonable opportunity to the partitioner to participate in the same. 2. Petitioner is working as a Clerk in the Slouth Malabar Gramin Bank. The main allegation in the charge sheet is that he had sanctioned few loans in the name of his friends and relatives for his benefit. The management ordered an enquiry and the Enquiry Officr enquired into the charges. The petitioner did not co-operate with the enquiry and therefore the petitioner was set ex parte and the enquiry was completed. Based on the enquiry report, punishment was imposed by which his pay stands reduced to the -2- OP.No.22555/2002 minimum pay scale, which he was drawing at the relevant time. During the pendency of the appeal before the Appellate Authority, the petitioner approached this Court and this Court by Ext.P14 judgment considered the questions and directed re- consideration by the Appellate Authority, after affording an opportunity of being heard to the petitioner. Pursuant to Ext.P14 judgment, the Appellate Authority had considered the matter on merits and found that no valid grounds are made out to re- consider the decision taken by them at its decision dated 11/12/1999. At the same time, the Appellate Authority further held that “considering the age of charge sheeted employee and his submission that he is the sole bread winner of the family and above all he is only a clerical staff, to give him an opportunity to reform himself, the Board takes a lenient view and reduces the punishment, merely on humanitarian grounds, by restoring three increments in the increment scale, with immediate effect.” 3. The Board (Appellate Authority), after finding that the -3- OP.No.22555/2002 appeal lacks merit, considering the sad plight of the petitioner being the sole bead winner of the family, taken a lenient view and reduced the punishment merely on humanitarian grounds. The Board restored three increments in the increment scale with immediate effect. The petitioner is not satisfied with Ext.P16 order. Various grounds are raised challenging the order passed by the Board. 4. The order of the Appellate Authority is based on the enquiry report and the final order passed by the disciplinary authority. The orders of the disciplinary authority and the Appellate Authority were challenged by the petitioner before this Court. This Court did not interfere in the matter finding that the case set up by the petitioner has no merit. Regarding the sentence portion only, direction is issued to the Board to hear the petitioner and pass appropriate orders. In fact the Board considered the request of the petitioner and passed orders favouring the petitioner to the extent possible. In fact by -4- OP.No.22555/2002 confirming the decision of the disciplinary authority, no interference need be made by the Board; but they have taken a lenient view and passed an order by restoring three increments in the increment scale, with immediate effect. I find no reason to interfere with the order passed by the disciplinary authority or by the Board. Accordingly the original petition is dismissed. HARUN-UL-RASHID, Judge. kcv. -5- OP.No.22555/2002 HARUN-UL-RASHID,J. -------------------------- O.P.NO.22555 OF 2002 -------------------------- JUDGMENT 16th February, 2009