LAWS(KAR)-2023-6-736

GURURAJ Vs. MANAGEMENT OF SYNDICATE BANK

Decided On June 14, 2023
Gururaj Appellant
V/S
MANAGEMENT OF SYNDICATE BANK Respondents

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India is filed by the retired employee of the respondent - Bank with prayers to issue a writ of certiorari quashing the order Annexure - H dtd. 6/4/2015 passed by the 2nd respondent in proceedings bearing No.013 / PD : IRD / DA - 7 and also to issue a writ of mandamus directing the respondents to release the pension of the petitioner with interest at 18%.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition as revealed from the records narrated briefly are, the petitioner was working as Manager of the respondent - Bank at Ballari for the period between 2007 to 2011. On 3/11/2011, article of charges were issued against the petitioner for having violated the rules and norms of the Bank while processing the loans to the agriculturists. The petitioner had submitted his reply to the said article of charges on 11/11/2011. Thereafter, a corrigendum to the article of charges was served on the petitioner on 21/12/2011. Since the management was not satisfied with the reply given to the article of charges, an enquiry was initiated against the petitioner. After completion of the enquiry, a report was filed by the Enquiry Officer holding that the charges against the petitioner were proved. After service of the said report, the petitioner had submitted his reply to the same. However, the Disciplinary Authority being not satisfied with the reply had passed an order of dismissal against the petitioner on 13/9/2014. In the meantime, on 13/5/2012, the petitioner had retired from service on attaining the age of superannuation. Aggrieved by the order of dismissal dtd. 13/9/2014, the petitioner had preferred an appeal which was dismissed by the 2nd respondent Appellate Authority on 21/11/2014 vide Annexure - H. Assailing the said order, the petitioner is before this Court.