BY AD vs SRI.ABRAHAM K.JOHN
Case Details
BY ADVS. SRI.ABRAHAM K.JOHN SMT.C.G.ARUNDHATHI SMT.K.J.ANITHA RESPONDENT/S: 1 2 STATE BANK OFTRAVANCORE NETWORK-II, ZONAL OFFICE, PANAMPALLY NAGAR, ERNAKULAM. DEPUTY GENERAL MANAGER ZONAL OFFICE 4TH FLOOR SUN WP(C) NO. 7402 OF 2015 2 TOWER EAST FORT, THRISSUR DISTRICT. 3 4 5 6 7 8 9 MANAGER STATE BANK OF TRAVANCORE KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, KERALA AGRICULTURAL UNIVERSITY P.O., THRISSUR DISTRICT. MANAGER STATE BANK OF TANVANCORE MINALOOR P.O. ATHANI THRISSUR DISTRICT. MANAGER STATE BANK OF TAVANCORE CHALAKKUDY P.O. THRISSUR DISTRICT. MANAGER STATE BANK OF TANVANCORE KODALI PADY P.O. THRISSUR DISTRICT. MANAGER STATE BANK OF TANVANCORE THRISSURE TREASURY AYYANTHOLE P.O., THRISSUR DISTRICT. MANAGER STATE BANK OF TANVANCORE CHAVAKKADU P.O. THRISSUR DISTRICT. MANAGER STATE BANK OF TANVANCORE ERAMAYOOR P.O. THRISSUR DISTRICT. BY ADV SRI.P.RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7402 OF 2015 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 7402 of 2015 -------------------------------------- Dated this the 19th day of January, 2024 JUDGMENT The above writ petition is filed with following prayers : “i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 not to terminate the service of the petitioners and permit them to continue in service. ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to follow the procedure prescribed in Chapter XIII of the Bipartite settlement/Service Rules of the 1st respondent including issuing a charge sheet, conducting an enquiry, cross examination of witnesses and to permit the petitioners to produce evidence from their side and to permit them to be represented by a representative of a trade union/lawyer, before taking any final decision pursuant to Exhibits P-17 to P-23 show cause notice. iii) issue a writ of mandamus or any other appropriate writ, order or direction not to implement orders if any passed terminating the service of the petitioners without giving sufficient time to challenge the same before appropriate forum, after serving the orders to the petitioners. WP(C) NO. 7402 OF 2015 4 iv) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 to withdraw orders if any passed terminating the service of the petitioners. And v) to grant such reliefs which this Hon'ble court deem just and proper to the facts and circumstances of the case including the cost of the petitioner.”
2. The main prayer in this writ petition is not to terminate the service of the petitioners. The 1st respondent issued Exts.P17 to P23 show cause notices, to which the petitioners submitted Exts.P24 to P30 reply. Thereafter, this writ petition is filed and this Court passed a status quo order and the same is extended until further orders. The counsel appearing for the 1st respondent submitted that the Bank will consider the reply submitted by the petitioners and pass appropriate orders in accordance with the law. If that is the case, this writ petition can be disposed of directing to consider the reply and pass appropriate orders and till then, the interim order can continue. Therefore, this writ petition is disposed of with the WP(C) NO. 7402 OF 2015 5 following directions : 1) The 2nd respondent is directed to consider and pass appropriate orders based on Exts.P24 to P30 reply submitted by the petitioners to Exts.P17 to P23 as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment. 2) Till final orders are passed as directed above, the status quo ordered by this Court will continue. SKS Sd/- P.V.KUNHIKRISHNAN JUDGE WP(C) NO. 7402 OF 2015 6 APPENDIX OF WP(C) 7402/2015 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER DATED 20-12-2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXHBIIT P2 TRUE COPY OF THE LETTER DATED 21-11-2012 ISSUED BY THE 2ND RESPONDENT TO THE DISTRICT EMPLOYMENT OFFICER,EMPLOYMENT OFFICE,THRISSUR EXHIBIT P3 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 1ST PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P4 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 2ND PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P5 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 3RD PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P6 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 4TH PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P7 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 5TH PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P8 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 6TH PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P9 THE APPOINTMENT ORDER DATED 31- 10-2013 ISSUED TO THE 7TH PETITIONEER BY THE 2ND RESPONDENT EXHIBIT P10 THE TRUE COPY OF THE CERTIFICATE DATED 15-10-2011 ISSUED TO THE WP(C) NO. 7402 OF 2015 7 2ND PETITIONER BY THE BRANCH MANAGER OF THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY 2ND THE PETITIONER EXHBIIT P11 THE TRUE COPY OF THE CERTIFICATE DATED 28-1-2011 ISSUED TO THE 2ND PETITIONEER BY BRANCH MANAGER OF THE 1ST RESPONDENT EWVIDENCING THE EXTENT OF THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 2ND PETITIONER EXHIBIT P12 THE TRUE COPY OF THE CERTIFICATE DATED 17-7-2013 ISSUED TO THE 3RD PETITIONER BY THE BRANCH MANAGER OF THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 3RD PETITIONER EXHBIIT P13 THE TRUE COP[Y OF THE CERTIFICATE DATED 08-02-2013 ISSUED TO THE 4TH PETITIONER BY THE BRANCH MANAGER OF THE 1ST RESPONDENT EVFIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 4TH PETITIONER EXHIBIT P14 THE TRUE COPY OF THE CERTIFICATE DATED 01-02-2012 ISSUED TO THE 5TH PETITIONER BY THE BRANCH MANAGER OF THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 5TH PETITIONER EXHIBIT P15 THE TRUE COPY OF THE CERTIFICATE DATED 18-04-2013 ISSUED TO THE 6TH PETITIONER BY THE BRANCH MANAGER OF THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 6TH PETITIONER EXHIBIT P16 THE TRUE COPY OF THE CERTIFICATE DATED 12-08-2013 ISSUED TO THE 7TH PETITIONER BY THE BRANCH MANAGER OF WP(C) NO. 7402 OF 2015 8 THE 1ST RESPONDENT EVIDENCING THE EXTENT OF THE CASUAL SERVICE RENDERED BY THE 7TH PETITIONER EXHIBIT P17 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONERE EXHBIIT P18 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER EXHIBIT P19 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND REPSONDENT TO THE 3RD PETITIONER EXHBIIT P20 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXHIBIT P21 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER EXHIBIT P22 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER EXHIBIT P23 THE TRUE COPY OF THE NOTICE DATED 30-01-2015 ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONEER EXHIBIT P24 THE TRUE COPY OF THE REPLY DATED 11-02-2015 SENT BY THE 1ST PETITIONER TO THE 2ND RESPONDENT EXHIBIT P25 THE TRUE COPY OF THE REPL;Y DATED 11-02-2015 SENT BY THE 2ND PETITIONER TO THE 2ND RESPONDENT EXHIBIT P26 THE TRUE COPY OF THE REPLY DATED 11-02-2015 SENT BY THE 3RD WP(C) NO. 7402 OF 2015 9 PETITIONER TO THE 2ND RESPONDENT EXHIBIT P27 THE TRUE COPY OF THE REPLY DATED 11-02-2015 SENT BY THE 4TH PETITIONER TO THE 2ND RESPONDENT EXHIBIT P28 THE TRUE COPY OF THE REPLY DATED 11-02-2015 SENT BY THE 5TH PETITIONER TO THE 2ND RESPONDENT EXHIBIT P29 THE TRUE COPY OF THE REPLY DATED 10-02-2015 SENT BY THE 6TH PETITIONER TO THE 2ND RESPONDENT IS PRODUCED EXHIBIT P30 THE TRUE COPY OF THE REPLYD ATED 11-02-2015 SENT BY THE 7TH PETITIONER TO THE 2ND RESPONDENT EXHBIIT P31 THE CHAPTER XII OF THE SERVICE RULES