PECHIGOLLA CHINNAYYA Vs. VIZIANAGARAM CO OPERATIVE BANK LTD

JUDGEMENT

(1.) The petitioner in this writ petition was appointed as a Clerk in the Vizianaragam Co-operative Bank, Ltd., which is the respondent, on 10th December, 1959, and was made permanent on 10th December, 1960. On 8th February, 1962, the President of the Bank framed certain charges against the petitioner for negligence and he was suspended. The petitioner submitted an explanation, after which the President passed orders on 19th February, 1962, stopping the petitioner's increment for one month and treating the period of suspension as privilege leave. Again the President framed charges against the petitioner on 15th May, 1963 and called for an explanation from the petitioner, and by the same order put him under suspension. The petitioner submitted his explanation on 24th May, 1963. The matter was assigned to the Vice-President of the Bank for enquiry, who conducted the enquiry and submitted his report.

(2.) By an order dated 25th July, 1963, the President of the respondent-Bank held that the petitioner was negligent in the discharge of his duties, and removed him from service. It is to quash this order that this writ petition was filed. The main point argued by Mr. Ramamurthy, the learned Counsel for the petitioner, is that under by-law 13 of the By-laws framed by the Bank, the President had no power to remove the petitioner from service; it is only the Sub-Committee referred to in the By-laws that can impose a punishment of removal from service, and, therefore, the order of the President removing the petitioner from service is liable to be quashed.

(3.) The Bank framed special by-laws relating to the service conditions of the employees of the Bank. Clause (b) of by-law 13 is as follows;-