VENKATESH GURURAO KURATTI Vs. SYNDICATE BANK

JUDGEMENT

(1.) WRIT Appeal No. 7997 of 1999 preferred by the delinquent and cross-objections preferred by the Management of the Syndicate bank, are directed against the order of the learned single Judge of this Court dated June 14, 1999 passed in Writ Petition No. 12594 of 1991. In the Writ Petition, the delinquent questioned the correctness and legality of the action of the Management of the Syndicate bank removing him from service as a disciplinary measure on certain grounds of misconduct alleged to have been committed by the delinquent. Learned single Judge by the impugned order, allowed the writ petition in part, and, in substitution of the penalty of removal from service imposed by the management of the Syndicate Bank, imposed the reduced penalty of compulsory retirement as a measure of discipline. While doing so, learned single judge has observed that the delinquent is entitled for terminal benefits consequent upon imposition of punishment of compulsory retirement. Hence, the appeal by the delinquent complaining that the learned single Judge ought to have allowed the Writ petition in its entirety and quashed the disciplinary proceedings and the disciplinary action taken against him by the management of the Syndicate Bank, whereas, the Management of the Bank, in its cross-objections, has contended that the learned single Judge ought to have dismissed the Writ Petition and there was absolutely no ground made out by the delinquent official for interference with the disciplinary action taken against the delinquent official.

(2.) THE facts of the case, in brief, are as follows: the appellant joined service of the erstwhile syndicate Bank (hereinafter referred to, for short, as the "bank") during October, 1958, in the clerical cadre. In the course of his official career, he earned number of promotions and, when the Bank was nationalized by the Government of India under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, the appellant was a Grade-I officer. He was promoted to Grade-II in the year 1972. The appellant was further promoted to Grade-III in the year 1982. The appellant worked as manager of the Horti Branch of the Bank in bijapur District from 1976 to 1981. Thereafter, he was transferred to Talikote branch of the Bank during 1981. Subsequently, the appellant was transferred as Regional Inspector, Madras, in 1982 and after serving there for one year, he was transferred to the Regional Inspectorate, new Delhi, in the year 1983.

(3.) WHEN the matter stood thus, a charge-sheet containing two charges was issued to the appellant on August 5, 1985 by the personnel Manager of the Bank. The charges read as follows: