D THOMAS Vs. DISCIPLINARY AUTHORITY AND CIRCLE DEVELOPMENT

JUDGEMENT

(1.) THE Writ Petitioners in W.P.Nos.33731 and 33732 of 2012 are the Writ Appellants before us challenging the common order of the learned single Judge dated 08.02.2013 dismissing the Writ Petitions filed to quash the charge memo issued, alleging misconduct.

(2.) IT is seen from the facts narrated and the documents enclosed that eversince 2006, the State Bank of India Officers' Federation objected to the Management's proposal for 7 days working of the Bank. The Management is stated to have replied that the grievance of the staff, as prescribed in their memorandum, would be looked into. Since the deliberations did not have the desired effect, the All India State Bank Officers' Federation issued a strike notice vide their letter dated 02.11.2011 on 8th and 9th of November, 2011, to insist on five day banking, which was in accordance with the International Banking Practice adopted by the Reserve Bank of India. It is averred in the affidavit that based on the assurance given by the Management at that point, the strike notice was withdrawn. However, the Chairman of the respondent -State Bank of India gave a press statement on 25.8.2012 about the Bank's proposal to keep open the Banks on Sundays in all its 14,000 and odd branches and it would be 7 days' banking. Thus, when the proposal was reiterated by the Chairman of the Bank on 25.8.2012, the Officers' Association decided to hold lunch hour demonstration on 28.8.2012 in front of the local Head Office and in all the Administrative Offices of the Bank.

(3.) AS already pointed out in the preceding paragraph, as decided by the Apex Body, the members of the Federation, including the Writ Petitioners, participated in the demonstration held in the local Head Office on 28.8.2012 between 2.00 p.m. and 2.10 p.m. It is averred in the affidavit that at least 250 members participated in the demonstration. It was stated to be peaceful and had not disturbed any customer, or for that matter, anyone either from going into or coming out of the Bank. The members who participated in the dharna, did not coerce anyone to participate in the demonstration. The Circle Security Department reported to the Circle Development Officer in their report dated 31.8.2012 that the State Bank of India Officers' Association (Chennai circle) SBIOA in short, had held the demonstration as part of their All India Programme in the Bank's premises during lunch hour without obtaining prior permission from the Bank. The note read that slogans were raised against the Chairman's alleged pronouncement of 7 day banking. The demonstrations demanded 5 day banking and regulated working hours. The report further pointed out that D.Suresh Kumar, as President of SBIOA Chennai Circle and D.Thomas Franco Rajendra Dev as General Secretary, led the demonstration and they addressed the gathering, shouting slogans at the Local Head Office premises. It is also evident from the Circle Development Officer's report dated 31.8.2012 that they had sent Letter No.HR:1895 dated 31.08.2012 to the General Secretary, SBIOA (Chennai Circle), advising them to desist from such behaviour and not to repeat it in future.