R.Suresh Kumar,J. - (1.) The prayer in the writ petition is for a Writ of Certiorari, calling for records on the file of the first respondent relating to the Award dated 26.06.2009 passed in I.D. No.2 of 1991 and quash.
(2.) The case of the petitioner Bank is that the second respondent joined services in their Bank, as peon-cum-watchman, on 27.02.1974, at Pettai Branch, Tirunelveli District. During his service, the second respondent was charged with crime, such as misconduct, misappropriation, tampering of records, forging and withdrawing amounts by opening fictitious accounts. Based upon the same, enquiry was conducted and the enquiry officer gave his report on 19.10.1988, finding that the delinquent was guilty of grave charges. Pursuant to the same, the Bank dismissed the second respondent from service, by order dated 13.12.1988. As against the same, the second respondent preferred an appeal, which was dismissed on 12.01.1989. Thereafter, a Dispute was raised in I.D. No. 1 of 1989 and the first respondent by an Award dated 30.03.1993 held that the enquiry conducted by the petitioner Bank was not fair and proper and that the same is vitiated and so ordered reinstatement with continuity of service and back wages.
(3.) The petitioner Bank, stating that no opportunity was given to lead fresh evidence, filed a Writ Petition challenging the Award in W.P. No. 12337 of 1994. This Court, by order dated 15.04.2001 remanded the matter back to the first respondent, for affording an opportunity to the petitioner Bank and to lead evidence to substantiate their contention. Not satisfied with the order of this Court, as referred above, the petitioner Bank inter alia preferred an appeal in W.A. No.2334 of 2004 and the Division bench of this Court, dismissed the said Writ Appeal, by an order dated 07.04.2004. Thereafter, as per the earlier order of remand of this Court, an enquiry was once again conducted by the first respondent Tribunal and ultimately the present order of impugned Award was passed on 26.06.2009. In the meanwhile, the petitioner Bank also preferred a Special Leave Petition, as against the order passed by the Division Bench of this Court in W.A. No.2334 of 2004 and the Hon'ble Apex Court also, by an order dated 13.09.2004, dismissed the Special Leave Petition. That is how, the present impugned award dated 26.06.2009 passed by the first respondent Tribunal, has been put under challenge in the present writ petition, with the aforesaid prayer.;