Dismissed bank employee sought mandamus for retirement benefits following an earlier order setting aside disciplinary findings. The Supreme Court had allowed the Bank's appeal and remitted the matter; on remand the Single Judge dismissed the petition, confirming dismissal from service. No relief could be granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.40487 OF 2012 (S-R)
BETWEEN:
FRANCIS D’ SOUZA S/O PAUL D’ SOUZA AGED ABOUT 65 YEARS EARLIER WORKED AS ASSISTANT MANAGER SYNDICATE BANK SINCE ILLEGALLY DISMISSED FROM SERVICE AND PRESENTLY R/AT 5/A, LITTLE FLOWER BANNIMANTAP EXTENSION MYSORE 570 015 SENIOR CITIZEN BENEFIT NOT CLAIMED
…PETITIONER
(BY SRI.BASAVARAJ VEERABHADRA, ADVOCATE)
AND:
Digitally signed AND: by CHAITHRA A Location: HIGH SYNDICATE BANK COURT OF A BODY CONSTITUTED UNDER THE KARNATAKA BANKING COMPANIES (ACQUISITION OF TRANSFER OF UNDERTAKINGS) ACT, 1970 HAVING ITS HEAD OFFICE AT MANIPAL - 576 119 UDUPI DISTRICT REPRESENTED BY ITS GENERAL MANAGER
…RESPONDENT
(BY SRI.SUNDAR SWAMY, ADVOCATE)
NC: 2024:KHC:11399 WP No. 40487 of 2012
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS AS TO THE ACTION TAKEN ON RECEIPT OF THE ORDER DATED 13.01.2006 IN W.P. NO.4973/1999 [S-DE] VIDE ANNEXURE-D AND ALSO AS TO THE ACTION TAKEN AFTER RETIREMENT OF THE PETITIONER W.E.F 31.12.2007 AND ON PERUSAL AND ETC.
THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The writ petition is filed seeking mandamus and direction to the respondent to grant all retirement benefits w.e.f. 31.12.2007 inclusive of promotional cadre benefits from 31.03.1997 to 31.12.2007 and grant all
consequential benefits with interest.
findings of the Enquiry Officer and the order of the
Disciplinary Authority as well as the order of the Appellate Authority.
– Bank has brought to the notice of this Court that the entire edifice on which this captioned writ petition is filed is the order passed by the learned Single Judge. He would bring to the notice of this Court that the order passed by the learned Single Judge and the order passed by the learned Division Bench were assailed before the Hon’ble Apex Court by the respondent – Bank. The Hon’ble Apex Court has allowed the appeal filed by the Bank in Civil Appeal No.4406/2014 (arising out of SLP ©
NC: 2024:KHC:11399 WP No. 40487 of 2012
No.36164/2012) and the matter was remitted back to the learned Single Judge.
Accordingly, the writ petition stands dismissed.
NC: 2024:KHC:11399 WP No. 40487 of 2012
Pending applications, if any, are also dismissed.
Sd/JUDGE
NBM
List No.: 1 Sl No.: 34
1 issue framed by the court
Whether the petitioner is entitled to retirement and consequential benefits after the Apex Court remanded the earlier writ petition, which was subsequently dismissed.
2 provisions across 2 enactments
Francis D'Souza
Syndicate Bank
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
