SBI Vs. TM SOLANKI EX EMPLOYEE OF SBI

JUDGEMENT

(1.) Shri Pranav G. Desai, learned Counsel for the petitioners; Shri Nilesh A. Pandya, learned Counsel for the respondent.

(2.) The petitioners being aggrieved by the order/award dated 21st February, 2000 passed by the Industrial Court No. 3 in Reference [I.T.] No. 2/99, are before this Court with a submission that the award made by the Industrial Court is patently illegal and deserves to be quashed and set aside.

(3.) The short facts necessary for disposal of the present writ application are that the petitioner bank, in accordance with the service rules, issued a charge sheet upon the respondent workman, wherein, various allegations were made. After receiving the charge sheet, the respondent workman pleaded guilty but however, prayed for clemency and mercy. The bank, after taking lenient view, however, without any inquiry, directed; Sto condone your misconduct and discharge from services in the bank with immediate effect protecting your terminal benefits as a very special case. The respondent, being dissatisfied by the said order, preferred an appeal as provided under the rules/regulations. The appellate authority, that is, the Deputy General Manager, vide his order dated 14th March, 1995, allowed the appeal and remanded the matter back to the disciplinary authority with a direction that in accordance with the rules/regulations governing the service conditions and departmental inquiry, an inquiry must be held. The said order passed by the appellate authority was received well by both the sides. The respondent who could secure an order in his favour was happy and content and never challenged the appellate order before any authority with a submission that in accordance with Shastri Award, the appellate authority was not entitled to remand the matter back to the disciplinary authority.