P. NARAYANASAMY Vs. THE MANAGING DIRECTOR, VIRUDHUNAGAR DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, VIRUDHUNAGAR

JUDGEMENT

(1.) The petitioner, former Assistant cum Cashier in Elayirampannai Branch of respondent Bank, challenges the orders of suspension dated 9 -1 -2001 and 25 -4 -2001 in the above writ petitions. According to him, he joined as a clerk on 1 -8 -1975 in the Primary Agricultural Cooperative Society, Maniparpatty. Later on, he was appointed as Secretary of the said society. He was appointed on 15 -7 -97 as Assistant cum Cashier in the Elayirampannai Branch of respondent bank. Since there was some misunderstanding between himself and the respondent and because of his earlier Court proceedings, the Assistant General Manager of the respondent Bank has issued an order of suspension dated 9 -1 -2001 pending enquiry. Initially the order of suspension was stayed by this Court for 4 weeks and after the expiry of the said period, the respondent passed another order of suspension dated 25 -4 -2001; hence the subsequent writ petition.

(2.) Mr. Anantharaju, learned counsel for the petitioner, mainly contended that as the impugned orders do not refer to pending enquiry into grave charges, as contemplated in Rule 19 of the Special Bye -laws relating to Service Conditions of the Employees of the Kamarajar District Central Cooperative Bank Ltd., Virudhunagar, the order of suspension cannot be sustained. On the other hand, Mr. Vijay Narayan, learned counsel appearing for the respondent in both the writ petitions, contended that the respondent is well within their power to pass an order of suspension pending enquiry into certain charges in accordance with Clause 19 of the said Bye -laws.

(3.) It is not disputed that at the time of passing of the suspension order, the petitioner was working as Assistant -cum -Cashier in the Elayirampannai Branch of the respondent Bank. It is stated that based on certain complaints with regard to the deposit with the Sattur Branch, the Bank's Internal Auditor visited the Elayirampannai Branch on 8 -1 -2001 to enquire the petitioner. At that time, the petitioner assaulted the Internal Auditor and made an attempt to attack him with deadly weapons. The Internal Auditor submitted a report. Apart from this, the petitioner also misused his official position. For all these irregularities and misconduct, the respondent decided to hold a departmental enquiry against the petitioner and consequently, by an order dated 9 -1 -2001, the Managing Director of the respondent bank placed him under suspension in contemplation of a departmental enquiry. Against the said order, the petitioner filed W.P.No. 2564 of 2001 and obtained an order of interim stay. Since the interim order was not extended, the petitioner was again placed under suspension by another order dated 25 -4 -2001; and to challenge the said order, he filed W.P.No. 11042 of 2001.