KERALA BANK Vs. O. N. KRISHNAN

JUDGEMENT

(1.) This writ appeal is filed under Sec. 5(i) of the Kerala High Court Act, 1958, by the 2nd respondent in W.P.(C)No.4076 of 2023. The writ petition was one filed under Article 226 of the Constitution of India by the 1st respondent herein seeking the following reliefs:

(2.) As per the impugned judgment dtd. 3/6/2024, the learned Single Judge quashed Ext.P3 order dtd. 30/12/2022 of the Government and Ext.R2(f) proceedings dtd. 4/12/2003 of the Executive committee of the appellant Bank and remitted Ext.R2(d) appeal dtd. 21/10/2003 filed by the 1st respondent to the Board of Directors of the appellant Bank to consider afresh after giving the 1st respondent an opportunity of hearing, within a period of three months from the date of receipt of a copy of that judgment. Being aggrieved, the 2nd respondent Bank filed this appeal.

(3.) The 1st respondent was an employee of the appellant Bank. While working as a Manager in the Chembu Branch of the Bank he was suspended, and an enquiry was conducted. The enquiry officer issued a charge memo dtd. 19/11/2002 to the 1st respondent and as per Ext.P2 domestic enquiry report dtd. 12/8/2003, nine charges out of total twelve charges mentioned in the charge memo were found against the 1st respondent. Based on the said enquiry report, the 1st respondent was dismissed from service with effect from 9/9/2003 by the president of the bank. Against the dismissal order, the 1st respondent filed Ext R2(d) appeal before the Board of Directors of the Bank on 21/10/2003. The said appeal was relegated to the Executive Committee and by Ext.R2(e) proceedings dtd. 3/11/2003, the Executive Committee confirmed the dismissal of the 1st respondent. Thereafter, the 1st respondent filed revision petition before the Government against the dismissal order. By Ext.P3 order dtd. 30/12/2022 the Government dismissed the revision mainly for the reason that it was filed with a long delay of 18 years and 9 months.