STATE BANK OF INDIA Vs. ANTONY

JUDGEMENT

(1.) These Writ Appeals arise from the judgment in O. P. No. 18569 of 1997. While W. A. No. 2429 of 2000 is filed by respondents 1 and 2 in the Original Petition, the other Writ Appeal, viz., W. A. No. 2900 of 2000 is filed by the petitioner in the Original Petition. The Petitioner in the Original Petition, V. Antony was an Officer of the erstwhile Bank of Cochin. While he was working in the Bank of Cochin, disciplinary proceedings were initiated against him. After a domestic enquiry, it was found that the charges against the petitioner were proved. The Disciplinary Authority imposed a punishment of dismissal.

(2.) The Order of dismissal was challenged before the Industrial Tribunal, Alappuzha, as though he was a workman. But the Industrial Tribunal found that he was not a workman and hence, the petitioner did not succeed there. The Order of the Industrial Tribunal was challenged before this Court in the Original Petition. This Court upheld the findings of the Industrial Tribunal that the petitioner was not a workman, but held that he was entitled to resort to other legal proceedings. In the meanwhile under the scheme of amalgamation, dated 25th August 1985, the Bank of Cochin was amalgamated with the State Bank of India and the State Bank of India succeeded to all the rights and liabilities of the Bank of Cochin.

(3.) After Ext. P1 judgment, the petitioner filed the present Original Petition for a writ of certiorari or other appropriate writ, setting aside Exts. P2 and P14 and to declare that the respondents as successors of the Bank of Cochin are liable to reinstate the petitioner with continuity of service and for other reliefs. Ext. P2 is the order by which, the petitioner was dismissed from service. Ext. P14 is the enquiry report. Against Ext. P2, the petitioner preferred an appeal before the Bank and the same was dismissed. Hence, the Original Petition is filed.