PUNJAB NATIONAL BANK Vs. K PRABHAKARAN

JUDGEMENT

(1.) The respondents in the writ petition are the appellants. The writ petitioner is the respondent herein.

(2.) The brief facts of the case are the following: The respondent was a Senior Manager of the Nedungadi Bank Limited (for short, 'the Bank'), which was a scheduled Bank. The Bank was later amalgamated with the first appellant, the Punjab National Bank. The respondent entered the service of the Bank as a Clerk, on 08/04/1964. While working as Senior Manager, he was dismissed from service, by Ext. P16 order of the disciplinary authority, dated 09/08/2002. Ext. P15 was the enquiry report, submitted by the Enquiry Officer, finding him guilty of the charges levelled against him. The respondent filed an appeal, Ext. P17, before the Appellate Authority of the Bank, on 16/09/2002, challenging Ext. P16. The said appeal was dismissed, by Ext. P18 order, dated 27/10/2002. In the meantime, the Bank was amalgamated with the first appellant, on 01/02/2003. The respondent filed a petition before the first appellant on 20/05/2003. Even before amalgamation, the respondent preferred a petition before the first appellant on 22/11/2002. The said appellant treated them as review petitions, considered his contentions on merits, and dismissed them, by Ext. P19 order, dated 10/11/2003. The writ petition was filed, challenging Exts. P15, P16, P18 and P19.

(3.) The respondent / writ petitioner attacked the impugned orders, mainly, contending that the enquiry held against him was vitiated by violation of the principles of natural justice. The appellants / respondents resisted the writ petition, pointing out that, since the respondent was already dismissed from the service of the Bank, the writ petition was not maintainable. Secondly, it was contended that the enquiry was held in accordance with the principles of natural justice. The respondent deliberately stayed away from attending the enquiry and therefore, the Enquiry Officer held the enquiry proceedings ex parte and submitted the report, finding him guilty, it was submitted.