Writ petition seeking payment of salary and allowances during suspension period dismissed as petitioner failed to challenge the penalty order imposing pay reduction.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.114498 OF 2019(S-RES)
BETWEEN:
MURIGEPPA S/O. PARASAPPA MALLIGAWAD, AGE ABOUT: 64 YEARS, OCC: RETIRED, R/O: AZAD NAGAR, NEAR KANNADA SCHOOL NO.6, DHARWAD – 580 001.
…PETITIONER
(BY SRI S.A.SONDUR, ADVOCATE FOR SRI S. S. BETURMATH, ADVOCATE)
AND:
Digitally signed by V N BADIGER Location: High Court of Karnataka
THE GENERAL MANAGER, SYNDICATE BANK, HEAD OFFICE, PERSONAL DEPARTMENT, STAFF WELFARE DIVISION, MANIPAL – 576 104, UDUPI DISTRICT.
…RESPONDENT
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING MANDAMUS DIRECTING THE RESPONDENT TO PAY THE REMAINING 50% OF SALARY AND ALLOWANCES FROM 13.01.2005 TO TILL DATE OF REVOCATION OF SUSPENSION WITH INTEREST AT 10% PER ANNUM FORM 13.01.20O5 TO 28.03.2012 COMPOUNDED MONTHLY TILL DATE OF PAYMENT WITHIN ONE WEEK FROM THE DATE OF RECEIPT OF NOTICE DATED 11.04.2009 VIDE ANNEXURE-D AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
respondent Bank on 02.12.1974 and he was suspended on 13.01.2005, while working as a Clerk / Cashier on the allegation of misappropriation. Though a criminal case was registered against the petitioner in C.C. No.683/2005, he was acquitted of all the allegations and charges by the judgment and order dated 30.06.2011. It is the further case that the respondent had revoked the suspension order and reinstated the petitioner to his original place on 28.03.2012. As such the petitioner had caused issue of a legal notice dated 11.04.2019 calling upon the respondent to pay the remaining 50% of salary and allowances from 13.01.2005 to till date of revocation of suspension with interest at the rate of 10% p.a. from 13.01.2005 compounded monthly till date of payment within one week from the date of receipt of notice. That since there was no
response the petitioner is before this Court seeking necessary directions.
suspension other than what has been paid to him as
subsistence allowance.
challenged by the petitioner.
6. Notwithstanding the dismissal of the writ
petition, the petitioner may avail such remedy as may be permissible under law.
SD/JUDGE
VNP*/CT-ASC List No.: 1 Sl No.: 18
1 issue framed by the court
Whether petitioner is entitled to back wages and compensation during suspension period.
Murigeppa S/o. Parasappa Malligawad
The General Manager, Syndicate Bank
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
