G SWAMINATHAN WORKMAN Vs. BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, while he was working as Special Assistant in Melpallipattu Branch was served with a charge memo dated 15. 9. 1992 containing five charges. An enquiry was conducted and all the five charges were held to be proved. Based on the enquiry report, a show cause notice dated 25. 1. 1994 was issued to the petitioner, proposing punishment of dismissal without notice for Charge Nos. 1 and 2 and stoppage of one annual increment permanently for Charge Nos. 3 and 4 and withdrawal of special allowance permanently for Charge No. 5. After explanation of the petitioner, by order dated 20. 5. 1994, the petitioner was dismissed from service without notice. The petitioner raised an industrial dispute.

(2.) THE Industrial Tribunal, by award dated 8. 1. 2001 in I. D. No. 92/1996 found that charge Nos. 1 and 2 are proved and the remaining Charges are not proved. In view of proved Charge Nos. 1 and 2, the Tribunal dismissed the Industrial Dispute. Questioning the said award, the petitioner has filed the present Writ Petition.

(3.) MR. P. VISWANATHAN Kakkan, learned counsel appearing for the petitioner would submit that insofar as Charge No. 1, it is true that the petitioner after availing the loan to purchase of a two wheeler, he sold the vehicle even before hypothecation deed was entered, but such misconduct does not warrant the extreme penalty of dismissal.