SAMUEL J THAMPI CLERK-CUM-CASHIER STATE BANK OF Vs. STATE BANK OF TRAVANCORE
LAWS(KER)-2003-3-48
HIGH COURT OF KERALA
Decided on March 31,2003

SAMUEL J THAMPI CLERK-CUM-CASHIER STATE BANK OF Appellant
VERSUS
STATE BANK OF TRAVANCORE REPRESENTED BY M D AND Respondents

JUDGEMENT

- (1.) PETITIONER was a Clerk cum Cashier attached to the State Bank of Travancore. Disciplinary action had been initiated against him on the basis of allegations which are urged in Ext. P1. It is not disputed that an enquiry had been held in the matter and the enquiry Officer found majority of charges proved. But, they were of minor nature and punishments in the form of censure and increment bar with cumulative effect had been suggested. Show cause notice had been issued to the petitioner and he had made his submissions in writing. Punishment was imposed and against that, an appeal bad been filed to the appellate authority. However, the appellate authority had concurred with the findings of the disciplinary authority. This is under challenge.
(2.) PETITIONER's submission appears to be that there is a violation of the Bi-partite settlement, and he had not been given effective opportunity to participate in the proceedings. Reference is made to Clause 12 of the First, Bi-partite Settlement and counsel also highlights the duty of the Bank to afford him a personal hearing. The submission is that there was opportunity only to make a written memorandum and a personal hearing was not there.
(3.) THE submission is liable to be rejected it being too technical. The provisions of the Bi-partite Settlement have so been made to conform with the principles of natural justice. After holding an enquiry, a copy of the report had been forwarded to the petitioner and his version had been sought for. I do not think that anything much could have been contributed on a personal hearing. The petitioner during his tenure apparently had behaved forgetting the institution and his dealings with customers and fellow employees were not found to be too cordial. Nevertheless, no serious punishment had been imposed on him.;


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