V G PETER Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THIS appeal is at the instance of the plaintiffs in O.S.No.462/1988 on the file of the 1st Additional Sub Judge, Ernakulam. Plaintiffs and defendants 2 to 7 are the children of late V.M.George. Sri.George was placed under suspension while working under the first respondent, on 15-10-1975. Disciplinary proceedings followed culminating in the discharge from service of Sri.George by order dated 10-2-1977, which, according to the plaintiffs, was communicated to George only on 4-3- 1977. Sri.George would have otherwise superannuated from service on 22-2-1977. Hence according to the plaintiff there is no termination of service in the eye of law and the plaintiffs are entitled to get the entire service benefits as if Sri.George continued in service and superannuated on 22-2-1977. The suit was resisted by the Bank on various grounds, particularly on the ground of limitation. The Bank also took a stand that Sri.George had pursued his grievances before the authorities under the Bank itself and having exhausted all the available remedies the plaintiffs cannot challenge the legality of the disciplinary action. The following issues were framed by the trial court:-

(2.) WE set aside the judgment and decree in O.S.No.462/1988 on the file of the I Additional Sub Court, Ernakulam. The suit is remanded to the court with a direction to dispose of the same within a period of four months from the date of receipt of the records. WE make it clear that our judgment is rested only on the question of limitation and the other contentions of the parties are left open. The parties will appear before the trial court on 12-3-2007.