T JAYCHANDRAN Vs. CHAIRMAN

JUDGEMENT

(1.) THE appellant -original petitioner is before this Court being aggrieved by judgment and order dated 18.3.2002 passed by the learned Single Judge rejecting the petition and discharging the notice issued.

(2.) LEARNED advocate Mr. Vin for the petitioner submitted that the SCA was considered by the learned Judge without there being a reply filed by the Bank though the Bank had filed its appearance in response to the notice.

(3.) THE learned advocate for the appellant invited the attention of this Court to the fact that When the petitioner was serving as a Manager during the period 1986 -87, some irregularities were alleged against him. Later on, the petitioner was charge -sheeted for the same. The learned advocate submitted that the irregularities alleged were qua the banking procedure and had nothing to do with the 'integrity' of the petitioner. He submitted that in fact, the 'integrity' of the petitioner was never under challenge. He further submitted that there was no financial loss to the bank. An inquiry was conducted against the petitioner, which was disposed of after leading and producing evidence. At the end of the inquiry, a word of caution was issued to the petitioner. The learned advocate submitted that in fact, the word of caution was to the effect that the petitioner should be more particular. It is submitted by the learned advocate for the appellant that the said order was dated 17.1.1989. With issuance of word of caution, the matter had concluded. Later on, the petitioner was promoted which is not disputed by the respondent Bank. It is the case of the appellant -original petitioner that it came as jolt when he received a latter dated 28.10.1997 withdrawing the word of caution after 'Nine Years'. Thereafter, a new charge -sheet was issued on 02.09.1998. The petitioner replied to the same charge -sheet on 13.10.1998. The respondent bank still decided to set up an inquiry by order dated 20.4.1999. The inquiry officer submitted its report dated 22.2.2000 and the order of punishment in the form of a 'censure' was issued on 31.10.2000.