M RAMANUNNY GENERAL MANAGER UNDER SUSPENSION TRICHUR DISTRICT CO OPERATIVE BANK LIMITED Vs. TRICHUR DISTRICT CO OPERATIVE BANK LIMITED

JUDGEMENT

(1.) HEARD the counsel for the appellant, Standing Counsel appearing for respondents 1 and 2 and Special Government Pleader for the 4th respondent. There is no need to issue notice to the 3rd respondent.

(2.) THE controversy is whether Co-operative Arbitration Court was justified in passing a non speaking order staying the suspension of the appellant who is the General Manager of the Bank. We notice that suspension order was stayed by the Presiding Officer of the Arbitration Court on 13.3.2012 and the stay is only up to 16.4.2012. Certainly it is not a satisfactory order because if suspension has taken effect then the Presiding Officer should have reinstated the appellant instead of staying the suspension order because once suspension takes effect stay will have no significance. We feel during enquiry the continuation in office of the delinquent is not desirable if the same in any way affects enquiry. At the same time suspension itself is a stigma in the service of a person. THErefore, unless there is justifying reason a person holding the high office as General Manager should not be suspended casually or on frivolous allegations. THE appellant has a specific case that all the allegations raised against him are matters on which policy decision was taken and approved by the managing committee and he was only implementing those decisions. We feel this requires close scrutiny by the Presiding Officer of the Arbitration Court. In any case the appellant is kept out of service based on the original suspension order. Hence we dispose of both the Writ Appeal and the Writ Petition by vacating the order of the learned Single Judge and directing the Presiding Officer of the Arbitration Court to hear both sides and see whether final order can be passed without further delay and if so to consider the challenge against suspension order and if allegations do not justify suspension, he will restore the appellant immediately. On the other hand, if there are justifying circumstances the suspension can be continued and in that event also Arbitration Court should complete the enquiry and pass final orders within 2 months from the date of receipt of a copy of this judgment.