KUZHUR SERVICE CO-OP BANK LTD. Vs. JAYAKUMAR

JUDGEMENT

(1.) The 1st respondent was the Branch Manager of the petitioner Co-operative Bank. He was subjected to the disciplinary proceedings for serious misconduct committed by him while working as the Branch Manager of the petitioner Bank. The Enquiry Officer found the charges proved against the respondent and the Disciplinary Sub Committee after considering the response of the 1st respondent to the Show Cause Notice issued to him for imposing major penalty, inflicted the punishment of dismissal from service vide the order dtd. 16/2/2009.

(2.) The 1st respondent, being aggrieved by the said punishment order of dismissal from service inflicted by the Disciplinary Sub Committee, filed an appeal before the Managing Committee of the Society. However, the Managing Committee of the Society affirmed the decision of the Disciplinary Sub Committee vide its order dtd. 18/6/2009.

(3.) The 1st respondent thereafter filed Arbitration Case; ARC No. 97 of 2011 before the Co-operative Arbitration Court impugning the decisions of the Disciplinary Sub Committee, the Managing Committee as well as the Enquiry Report. The Arbitration Court vide the order dtd. 24/5/2013 dismissed the Arbitration Case filed by the 1st respondent. The 1st respondent challenged the said decision of the Arbitration Court in appeal before the Co-operative Arbitration Tribunal. The Co-operative Arbitration Tribunal vide the order dtd. 13/1/2015 was of the opinion that the proceedings before the Managing Committee were vitiated inasmuch as the members of the Disciplinary Sub Committee were present in the meeting and, therefore, the Co-operative Tribunal remanded the matter to the Managing Committee to reconsider the issue afresh without the presence of the members of the Disciplinary Sub Committee.