T.K. DAVID Vs. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LIMITED AND OTHERS
LAWS(SC)-2020-10-4
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on October 05,2020

T.K. David Appellant
VERSUS
Kuruppampady Service Co-Operative Bank Limited And Others Respondents





Cited Judgements :-

DISTRICT COLLECTOR, COLLECTORATE OFFICE AND ORS. VS. N. UDAYAPPAN AND ORS. [LAWS(MAD)-2021-3-393] [REFERRED TO]


JUDGEMENT

ASHOK BHUSHAN, J. - (1.)This special leave to appeal has been filed against the Division Bench judgment of the Kerala High Court dated 06.02.2020 rejecting the Review Petition No. 805 of 2018 filed by the petitioner in Writ Appeal No. 399 of 2014.
(2.)Brief facts necessary to consider this special leave petition need to be noted.
(3.)The petitioner was an employee of Kuruppampady Service Co-operative Bank. Petitioner was suspended and disciplinary inquiry was conducted by the Bank. The Bank vide order dated 20.03.2003 dismissed the petitioner consequent to domestic enquiry. There has been series of litigation between the petitioner and the Bank and thereafter Cooperative Arbitration Court by order dated 18.08.2010 gave award by which punishment of dismissal was modified as reduction to a lower rank. Against the order dated 18.08.2010 both the petitioner as well as the Bank filed Appeal No. 78 of 2010 and No. 81 of 2010 respectively. The Cooperative Tribunal vide its judgment dated 16.08.2011 disposed of both the appeals by which the punishment of compulsory retirement on 20.03.2003 was imposed with terminal benefits subject to liability, if any, duly assessed. Against the order of the Cooperative Tribunal a writ petition was filed by the petitioner before the learned Single Judge of the Kerala High Court, which writ petition was dismissed by judgment dated 31.07.2013 against which judgment Writ Appeal No. 1313 of 2013 was filed by petitioner before the Division Bench. The Division Bench of the High Court vide its judgment dated 11.03.2015 dismissed the writ appeal filed by the petitioner. Aggrieved by the Division Bench judgment dated 11.03.2015, the petitioner filed a Special Leave Petition No. 24231 of 2015 before this Court, which was dismissed by order dated 21.08.2015, which is as follows:-
"Heard.

Delay condoned.

We do not see any merit in this special leave petition which is hereby dismissed."

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