INDIAN OVERSEAS BANK Vs. C RAJAN

JUDGEMENT

(1.) THIS writ appeal has been filed against the order dated 5-7-2000. We have heard the learned counsel for the appellants. None appears for the respondent although the name of Shri Ramajagadeesan is shown in the cause-list.

(2.) THE respondent was an employee of the appellant bank. He was charge-sheeted on 5-4-1991 on the charge that he continued to be the Correspondent of Immanuel Teacher Training Institute, Vallam, Tirunelveli in spite of the instructions of the bank and he was said to have misguided the bank by giving a statement that he had resigned from the said post. After an enquiry, in which he was given an opportunity of hearing, he was discharged from service. However, in appeal, the punishment was modified and he was given the punishment of withholding of three increment with cumulative effect. He filed the writ petition and the learned single Judge reduced the punishment to withholding of one increment without cumulative effect. The finding of guilty has, however, not been disturbed by the learned single Judge and in fact, the learned single Judge could not have disturbed it as it was a finding of fact.

(3.) AS regards the punishment, the Supreme Court in APPAREL EXPORT PROMOTION COUNCIL v. A. K. CHOPRA (1999 [1] SCC Suppl. 759) (vide para 16) observed as follows: