THIRUVANANTHAPURAM URBAN CO Vs. K. JANARDHANAN NAIR

JUDGEMENT

(1.) The dismissal of the respondent from the services of the appellant Bank pursuant to a disciplinary proceeding, was interfered with by the Arbitration Court and directed reinstatement with all service benefits including back wages. The order was affirmed by the Tribunal. The learned single Judge as per the impugned judgment refused to interfere with the said orders.

(2.) The respondent was working as the Manager of Valiyasala Branch of the appellant from 06.11.2002 to 11.08.2003. Thereafter, he was transferred. On 20.08.2003, on an inspection conducted at Valiyasala Branch, it was found that 87 items of gold ornaments pledged under different loan accounts were missing. It was also found that certain gold loans were sanctioned by forging the signatures of loanees. Ext.P2 memo of charges were served upon the respondent on the charges. The Enquiry Officer found the respondent guilty. The respondent was dismissed from service with effect from 208.2003. The statutory appeal preferred against the same was dismissed. ARC No.150/09 was filed by the respondent before the Arbitration Court challenging the dismissal. Evidence was adduced before the Arbitration Court by both sides. The Arbitration Court held the enquiry to be vitiated by noncompliance with the principles of natural justice insofar as the respondent was not provided with legal assistance and the non summoning of witnesses sought for by the respondent. It was further found that the charges levelled against the respondent were not proved. On appeal, the finding of the Arbitration Court regarding violation of principles of natural justice, was interferred with by the Tribunal, but affirmed the finding of the Arbitration Court regarding the failure on the part of the appellant to prove the charges. The learned single Judge has also refused to interfere with the said finding.

(3.) Heard Sri.George Poonthottam, the learned counsel for the appellant Bank and Sri.A.S.P. Kurup, the learned counsel for the respondent.