B R SHARMA Vs. SYNDICATE BANK

JUDGEMENT

(1.) This writ petitioner, by this writ petition, has challenged the order of the Management forfeiting his gratuity.

(2.) The petitioner was working with the respondent bank in junior management cadre in the year 1994. On 12th October, 1994, he was charge-sheeted by the disciplinary authority of the bank for the following charges: "while functioning as Assistant Manager at Kamla Nagar Branch, Delhi and being an office bearer of a Trade Union namely Syndicate Bank Officers' Federation, he came to Zonal Office, Delhi on 5.9.1994 with Sri A.K. Bajaj to discuss the issues relating to change of domicile and transfer cases of certain officers with the Deputy General Manager. In view of the repeated clarification given to him by Zonal Office during the last four to five occasions, he was informed as to the inability to consider his request. That in spite of the same, he raised his voice and threatened that he would come next day and show his real strength and see how Zonal Management does not change the domicile and the transfer orders of the certain officers. That on 6.9.94 at around 5.00 PM he organized assembly of officers unauthorizedly inside the premises of Zonal Office at the lounge near the cabin of Sri Prem Maini, the then DGM, Zonal Office, Delhi. He along with other officers indulged in unruly scene and exhibited indecent behaviours with the DGM in spite of informing several times about the inability of the Dy. General Manager to discuss once again with them the issues already discussed on several occasions. Sri B.R. Sharma, however, insisted that he should be allowed to meet the DGM though the DGM alongwith other AGMs was busy in discussing certain issues with certain valuable customers of the Bank. Around 6.00 PM,he along with other officers demanded that the meeting should be held immediately. When the DGM sent the message expressing his inability to discuss the matter with him and asked him to submit representation if any with regard to the issues, Sri B.R. Sharma entered the cabin of the DGM and shouted at him at high pitch of voice, questioned the authority of DGM and challenged that the DGM will not be allowed to leave his cabin under any circumstances and accordingly he stood in the middle of the entrance to DGM's Cabin stretched his hands and did not allow the DGM to leave the cabin. Sensing threat to his life, the DGM called the police from Tilak Marg Police Station and when the police officials were unable to control the situation additional police force were called. That on arrival of more police force DGM came out from his cabin with police escort, however, he obstructed and did not allow the DGM to go. That only after the DGM has given a written complaint to the police authorities, he was allowed to go but however his supporters were squatting on the floor of the cabin of the DGM and continued shouting. When the DGM was leaving the office and approaching the ground floor and while proceeding to his car, he followed him along with his supporters shouting slogans, he came rushing towards the car with an intention to entered into the car and physically assault the DGM, which is highly objectionable and subversive of office discipline. However, the Police officials prevented Sri. B.R. Sharma from doing so and at last the DGM was allowed to go."

(3.) Subsequent to issuance of charge sheet, departmental inquiry was ordered which went against the petitioner and the charges were proved. The petitioner was awarded punishment of compulsory retirement from service of the bank with immediate effect by the disciplinary authority. The petitioner preferred an appeal to the Appellate Authority and the Appellate Authority concurred with the disciplinary authority on the quantum of punishment.