K B MURALEEDHARAN Vs. ASSISTANT GENERAL MANAGER

JUDGEMENT

(1.) Originally, the appellant joined as a Clerk in the respondent bank on 16.06.1983 at Kasaragod Branch. Thereafter, he got promotions as Officer and Manager. When he working as Manager in R.S.Puram Branch, Coimbatore in the year 2007, the second respondent issued a charge sheet dated 17.09.2008 to him for having allegedly committed certain irregularities in discharge of his duties in operating his Overdraft Account maintained at Nirpura Branch and also for demanding and accepting illegal gratification from borrowers for sanction of loans. Pending enquiry, he was placed under suspension by an order dated 13.03.2009. An inquiry officer was appointed to conduct an enquiry, who, after completing the inquiry, submitted a report holding that the charges levelled against the appellant were partly proved. Thereafter, the second respondent / disciplinary authority, accepted the report of the inquiry officer and imposed a punishment of removal from service on 20.08.2009 in terms of Regulation 4(1) of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. Aggrieved by the same, the appellant filed an appeal in terms of Regulation 17 of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 before the Appellate Authority, who, on consideration of the appeal preferred by the appellant, modified the punishment of removal from service into one of 'compulsory retirement' in terms of Regulation 4(h) of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976. Against the order of compulsory retirement, the appellant preferred a Review Petition before the Reviewing Authority and claimed for reinstatement in service. However, the same was rejected on 02.12.2010. Thereafter, on 18.08.2010, the appellant submitted a representation to the Chairman and Managing Director of the respondent bank to re-consider the entire matter and to reinstate him in service, but the same was also rejected. A mercy petition filed by the appellant to the Chairman and Managing Director of the Bank, also got rejected on 03.10.2012.

(2.) In these circumstances, the appellant filed a writ petition before this Court in W.P.No.18013 of 2013 praying to quash the order dated 20.08.2009 passed by the second respondent / Disciplinary Authority and also to quash the findings dated 04.03.2009 submitted by the Inquiry Authority and to consequently direct reinstatement of the appellant into service.

(3.) The learned single Judge, considering the facts and circumstances of the case, set aside only the order dated 010.2012 rejecting the mercy petition made by the appellant with a direction to consider the same and pass appropriate orders on merits and in accordance with law, by order dated 28.02.2017.