R. NITYA Vs. DHANLAXMI BANK LIMITED AND ORS.

JUDGEMENT

(1.) The suit before the court below is one for a declaration that the 2nd defendant is not entitled to act as the Appellate Authority, the 3rd defendant is not entitled to act as the disciplinary authority and the 4th defendant is not entitled to be the enquiry officer, in respect of an enquiry in relation to the order of suspension dated 13.05.2014 issued to the petitioner by the first defendant, Bank through the 3rd defendant, and the charge sheet dated 09.06.2014 issued to the petitioner by the first respondent Bank through the 3rd defendant. A declaration has also been sought for to the effect that the disciplinary proceedings initiated by the 3rd defendant is null and void. A decree for perpetual injunction has also been sought for as against the said disciplinary proceedings.

(2.) The case of the petitioner is that the entire procedure adopted by the defendants are clearly in violation to the solemn principles of natural justice and further that the defendants have failed to observe the prescribed regulations relating to the disciplinary actions. It is also contended that defendants 2 and 3 are personally interested in the matter and because of their personal interest in the outcome of the disciplinary proceedings, the 2nd defendant should not act as the Appellate Authority and the 3rd defendant should not act as the disciplinary authority.

(3.) The factual matrix reveals that the petitioner was initially appointed through direct recruitment by way of campus selection as Scale-I Officer and she joined service of the Bank as Executive Trainee on 14.07.2003. Considering her meritorious service, timely promotions were given to her and finally she was elevated to the position of Scale-IV Officer. Till 13.05.2013, she was functioning as Regional Credit Head of South Kerala. It is the case of the petitioner that she could shockingly realise manipulations in the Bank in sanctioning various loans for huge amounts to persons in the higher-ups, and especially to those persons who have political influence. She got agitated and she swiftly informed the matter to the 2nd defendant expecting some remedial measures from him.