LAWS(MAD)-1997-3-61

INDIAN BANK Vs. P S EVALAPPAN

Decided On March 18, 1997
INDIAN BANK REPRESENTED BY ITS CHAIRMAN, AND MANAGING DIRECTOR, MADRAS Appellant
V/S
P.S.EVALAPPAN Respondents

JUDGEMENT

(1.) THE writ appeal is directed against the order of K.Venkataswami, J. as he then was, dated 29.12.1987 in W.P.No.l 1336 of 1981 allowing the said writ petition filed by the respondent herein holding that the order impugned in the writ petition was passed by an authority not competent under the new Regulations and also rejecting the argument of the learned counsel for the Indian Bank that the order was passed by an authority higher than the competent authority since the respondent herein is deprived of an appeal to the Appellate Authority. THE learned Judge quashed the order impunged in the writ petition on both these grounds. Aggrieved by the order passed by the learned single Judge in the writ petition, the Indian Bank has preferred the above writ appeal.

(2.) THE respondent was appointed as an Assistant in the Indian Bank. He was promoted as an Accountant in the year 1966 in which position he served until 1968. He was then promoted as Agent and posted to the Coonoor branch during 1968, which position he held till 13.8.1970, when he was suspended pending disciplinary proceedings, which culminated in the order of dismissal by proceedings dated 28.10.1972. At. the meeting held on 24.10.1972, the Board of Directors had ordered that the following two punishments should be imposed on the respondent viz., (a) Dismissal from the Bank's service; and (b) Recovery of the amounts due to him from the Bank towards the whole or part of the pecuniary loss alleged to have been caused to the Bank by the respondent in respect of the advances granted by him.

(3.) IN the circumstances, the respondent filed W.P.No.4089 of 1973 before this Court praying for a writ of certiorari to quash the order of the Board of Directors of the INdian Bank dated 28.10.1972 as confirmed by its order dated 18.5.1973, imposing the above mentioned two punishments on the respondent. By order dated 22.7.1976, that writ petition was allowed and the above two orders were quashed by Koshal, J., as he then was. It was held by the learned Judge that the report of the Secretary and the recommendations made by him, which were relied on by the Board of Directors while issuing the show cause notice dated 19.8.1972, had not been made available to the respondent and that no reason also had been given by the Board of Directors in issuing either the show cause notice or the final order of punishment. It was, therefore, held that the disciplinary proceedings were vitiated and liable to be set aside as being in contravention of the principles of natural justice. The concluding portion of the order of Koshal, J., as he then was, runs thus: