S.KRISHNA MURTHY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This writ petition has been filed to issue a Writ of Mandamus or any other appropriate writ setting aside the order of the 4th respondent dated 06.03.2000 in file No.GM(RN)/AA/IR/1322 by which the order of the 2nd respondent dated 11.03.1998 in letter No.DGM(TRK)/DA/IR/1177 was confirmed and to declare the Enquiry Report dated 29.11.1997 of the 3rd respondent as illegal, arbitrary and against the principles of natural justice and without jurisdiction.

(2.) The brief facts of the case are as follows:

(3.) The petitioner's case is that six members of his family died in a road accident and his wife had to undergo major surgery. Due to these problems, he developed high blood pressure coupled with diabetes which lead to severe depression. Since he was holding an important post as Manager in the financial institution involving mental tension, his health started causing problems and he was forced to go on medical leave under the advice of the Doctor attending on him from 15.10.1994. His further case is that he applied to the Bank Authorities for medical leave duly enclosing medical certificates and extending the leave from time to time and his leave applications were acknowledged from time to time. However, on 07.09.1995 he was informed that his request for leave was rejected and the period of absence was treated as unauthorized absence. The petitioner's case is that the respondent bank has no power or authority to treat the period of his absence as unauthorised absence unless it is established that medical certificates produced by him are not genuine after subjecting him for medical examination. It is also his case that no reasons were assigned for declining his medical leave.