- (1.) The respondent was holding the post of Clerk-cum-Cashier in the petitioner Bank at the material time. On April 27, 1988 an F.I.R. was lodged against the respondent in connection with an alleged Criminal Offence under Section 304 of the Indian Penal Code and the case was registered against the respondent. The criminal prosecution is still pending.
(2.) On June 4, 1988 the Petitioner Bank suspended the respondent in view of his detention for an offence under Section 304 of the Indian Penal Code. In August, 1988 the respondent filed Writ Petition No. 6036 of 1988 challenging the order of suspension dated June 4, 1988 before the High Court. The High Court by the impugned judgment dated September 8, 1988 quashed the order of suspension on the ground that there is no provision in the Bipartite settlement empowering the petitioner Bank to suspend an employee in these circumstances. Hence the present appeal is filed by the appellant Bank.
(3.) Before the High Court it was not disputed that the terms of the Bipartite settlements between the Banking Companies and their workmen govern the present case. Under these settlements, Clauses 19.2, 19.3(a), 19.12(b) are as follows: "19.2 By the expression "Offence" shall be meant any offence involving moral turpitude for which an employee is liable to conviction and sentence under any provision of law". "19.3(a) When in the opinion of the management an employee has committed an offence, unless he be otherwise prosecuted, the bank may take steps to prosecute him or get him prosecuted and, in such a case he may also be suspended." "19.12(b) Pending such inquiry he may be suspended, but if on the conclusion of the enquiry it is decided to take no action against him he shall be deemed to have been on duty and shall be entitled to the full wages and allowances and to all other privileges for the period of suspension; and if some punishment other than dismissal is inflicted the whole or a part of the period of suspension, may, at the discretion of the management, be treated as on duty with the right to a corresponding portion of the wages, allowance, etc." ;