IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 5632 of 2009(Y) ------------------------- PETITIONER: --------------- L.SUSEELAN S.R.NO.56255, CLERK/SHROFF, INDIAN BANK, KARUMKULAM BRANCH, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: --------------- 1. INDIAN BANK, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HEAD OFFICE, RAJAJI SALAI, CHENNAI 600 001. 2. THE GENERAL MANAGER (HRM) INDIAN BANK, RAJAJI SALAI, CHENNAI 600 001. 3. THE DEPUTY GENERAL MANAGER, INDIAN BANK CIRCLE OFFICE, ERNAKULAM 682 035. 4. THE ASSISTANT GENERAL MANAGER (DISCIPLINARY AUTHORITY) INDIAN BANK CIRCLE OFFICE, ERNAKULAM 682 035. 5. THE CHIEF MANAGER ,INDIAN BANK CIRCLE OFFICE, ERNAKULAM 682 035. R1 TO R3 - STANDING COUNSEL, INDIAN BANK, SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5632 of 2009(Y) 2 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE ORDER DATED 15/7/2008 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 : TRUE COPY OF THE MEMO OF CHARGES DATED 21/8/2008 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 : TRUE COPY OF THE SAMADHAAN SCHEME ISSUED BY THE BANK ON 11/5/2006. EXHIBIT P4 : TRUE COPY OF THE JOB ROTATION CIRCULAR DT.6/1/2005 ISSUED BY THE BANK. EXHIBIT P5 : TRUE COPY OF THE REPRESENTATION DT.30/4/2008 SUBMITTED BY THE PETITIONER TO THE BRANCH MANAGER. EXHIBIT P6 : TRUE COPY OF THE REPRESENTATION DT.15/5/2008 SENT BY THE PETITONER TO THE CHAIRMAN AND M.D. EXHIBIT P7 : TRUE COPY OF THE REPRESENTATION DT.1/6/2008 SENT BY THE PETITONER TO THE CHAIRMAN AND M.D. EXHIBIT P8 : TRUE COPY OF THE REPRESENTATION DT.7/7/2008 SENT BY THE PETITONER TO THE CHAIRMAN AND M.D. EXHIBIT P9 : TRUE COPY OF THE ORDER DT.30/4/2008 ISSUED BY THE BRANCH MANAGER ALLOCATING WORKS. EXHIBIT P10 : TRUE COPY OF THE LETTER DATED 28/5/2008 ISSUED BY THE BRANCH MANAGER. EXHIBIT P11 : TRUE COPY OF THE RELEVANT PAGES OF THE BIPARTITE SETTLEMENT DATED 10/4/2002 ISSUED BY THE BANK. EXHIBIT P12 : TRUE COPY OF THE EXPLANATION DT.27/8/2008 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P13 : TRUE COPY OF THE COMMUNICATION DT.25/7/2008 ISSUED BY THE BANK TO THE PETITIONER ALONG WITH THE DETAILS. EXHIBIT P14 : TRUE COPY OF THE COMMUNICATION DT.19/9/2008 SENT BY THE PETITONER TO THE ENQUIRY OFFICER. EXHIBIT P15 : TRUE COPY OF THE APPLICATION DATED 6/8/2008 SUBMITTED BY THE PETITONER TO THE DISCIPLINARY AUTHORITY. WP(C).No. 5632 of 2009(Y) 3 EXHIBIT P16 : TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER SERVED TO THE PETITIONER AS PER COMMUNICATION DT.21/11/2008. EXHIBIT P17 : TRUE COPY OF THE EXPLANATION DT.4/12/2008 SUBMITTED BY THE PETITONER BEFORE THE 4TH RESPONDENT. EXHIBIT P18 : TRUE COPY OF THE ORDER DT.10/2/2009 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P19 : TRUE COPY OF THE ORDER DT.12/2/2009 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P20 : TRUE COPY OF THE TRANSFER NORMS ISSUED BY THE BANK ON 4/7/2001. RESPONDENTS'EXHIBITS : NIL P.N.RAVINDRAN, J. ------------------------------------------------- W.P.(C).No.5632 OF 2009 ------------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT Heard Sri.Elvin Peter, the learned counsel appearing for the petitioner and Sri.S.Eswaran the learned counsel appearing for the respondents. 2. The petitioner is an employee of the Indian Bank. On allegations of misconduct, which are set out in Ext.P2 memo of charges, disciplinary action was initiated against him. Ultimately, by Ext.P18 order passed on 10/2/2009 the disciplinary authority namely the fifth respondent imposed on him the punishment of reduction of pay by two stages. He was also transferred out. Ext.P18 is under challenge in this writ petition. 3. Sri.Elvin Peter, the learned counsel for the petitioner contends that even if all the allegations in Ext.P2 memo of charges are taken as true, they would not constitute an act of misconduct. Per contra Sri.S.Eswaran, the learned counsel for the respondents submits that as per clause 14 of the settlement dated 10.4.2002 arrived at between the management of 52 A WP(C).5632/09 2 Class Banks including the Indian Bank and the employers of the said banks represented by the All India Bank Employees Association, the National Confederation of Bank Employees and Indian National Bank Employees Federation, an appeal lies from Ext.P18 order to the third respondent. The learned counsel for the respondents submits that though in the instant case, the period of limitation of 45 days from the date of service of the order has expired, if the petitioner files such an appeal within the time limit fixed by this Court, the appeal will be entertained and disposed of within a reasonable time. 4. In my opinion, since the petitioner has an effective alternative remedy, by way of appeal, he should invoke the appellate remedy available to him. The challenge in this writ petition is to the original order passed by the disciplinary authority namely the fifth respondent. The contentions raised in this writ petition can in my opinion be raised in the appeal which the petitioner can file before the competent appellate authority. In such circumstances, I dispose of this writ petition with the following directions:- WP(C).5632/09 3 i) The petitioner shall within one month from the date of receipt of a certified copy of this judgment file an appeal before before the third respondent challenging the validity of Ext.P18. ii) The third respondent shall in the event of the petitioner filing an appeal within the said period, entertain the same as one filed within time and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. iii) The third respondent shall pass an order giving reasons in support of his conclusions and communicate a copy thereof to the petitioner expeditiously. This shall be done within 3 months from the date on which the petitioner files the appeal as directed above. The contentions raised in this writ petition are kept open. P.N.RAVINDRAN, JUDGE skj.