Partly allowed

C.Mathunni Panicker v. Appellate Authority

Kerala HC19 Oct 2011WP(C)/35772/2003

Case brief

AI extract

What is this about?

A writ petition filed by a retired bank officer challenging a disciplinary penalty and the subsequent appellate rejection. The court set aside the non-speaking appellate order and remanded the matter to the appellate authority for a fresh decision with reasons after hearing.

What did the court decide?

Extended the appellate authority’s order was set aside and the matter remanded to the appellate authority to decide the appeal afresh within three months after hearing.

C.Mathunni Panicker Vs Appellate Authority — Service and Employment | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY

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WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933

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WP(C).No. 35772 of 2003(H)

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---------------------------------------

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PETITIONER(S):

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-----------------------

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C.MATHUNNI PANICKER, CHIEF MANAGER (RETD), STATE BANK OF TRAVANCORE FLAT NO.140, TRINITY MEADOWS ANNEXE OFF SARJPUR ROAD, BELLANDUR VILLAGE, BANGALORE.

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BY ADV. SRI.SHAJI THOMAS PORKKATTIL

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RESPONDENT(S):

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-------------------------

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1. APPELLATE AUTHORITY,(MANAGING DIRECTOR), STATE BANK OF TRAVANCORE, HEAD OFFICEPOOJAPURA , THIRUVANANTHAPURAM.

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2. DISCIPLINARY AUTHORITY,(CHIEF GENERAL MANAGER) STATE BANK OF TRAVANCORE,HEAD OFFICE-POOJAPURA, THIRUVANANTHAPURAM.

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ADV. SRI.P.RAMAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.35772/2003

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APPENDIX

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PETITIONER'S EXHIBITS

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P1:- COPY OF THE ARTICLES OF CHARGE AND THE STATEMENT OF ALLEGATIONS LEVELED AGAINST THE PETITINER BY THE 2ND RESPONDENT.

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P2:- COPY OF THE INQUIRY REPORT DTD. 10.7.2001 BY THE ENQUIRY OFFICER.

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P3;- COPY OF THE WRITTEN SUBMISSINS DT.D 30.8.2001 MADE BY THE PETITIONER TO THE 2ND RESPONDENT.

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P4:- COPY OF THE ORDER DTD. 31.12.2002 OF THE 2ND RESPONDENT.

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P5:- COPY OF THE APPEAL DTD. 6.2.2003 SUBMITTED BY THE PETITIONER.

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P6:- COPY OF THE ORDER DTD. 11.7.2003 OF THE IST RESPONDENT.

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RESPONDENT'S EXHIBITS

NIL:-

TRUE COPY

P.A. TO JUDGE

tss

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35772 OF 2003

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19^th day of October, 2011

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JUDGMENT

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Heard learned counsel for the petitioner and the learned counsel for the respondents.

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The petitioner was employed as an officer in the Grade of SMG IV of State Bank of Travancore. He was working as Chief Manager of Kollam Beach Road Branch from 22-11-1994 to 7-11-1995 and retired from service of State Bank of Travancore on 13-11-2000. The Deputy General Manager issued a letter dated 31-8-1999 pointing out certain lapses noticed on his part in handling the accounts of Solar Cashews of Kollam Branch and call for his explanation. Disciplinary proceeding was initiated against the petitioner. The enquiry officer submitted an enquiry report holding that the charges levelled against the petitioner except charge No.3, 6 and 8 are proved. Disciplinary authority imposed a penalty of reduction to lower grade i.e., from SMGS IV to SMGS III.

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Petitioner submitted an appeal before the appellate authority/ respondent No.1. But the appellate authority rejected the appeal by Ext.P6, a non-speaking order, dated 11^th July, 2003. Hence the petitioner filed this writ petition seeking to set aside Ext.P4 order of punishment and Ext.P6 appellate order passed by the second and first respondents respectively.

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W.P.(C)No.35772 OF 2003

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:: 2 ::

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Learned counsel for the petitioner relying on a decision reported in (2009) 4 SCC 240 [Chirman, Disciplinary Authority, Rani Lakshmi Bai Kshetriya Gramin Bank Vs. Jagdish Sharan Varshney and others] submits that the appellate authority is required to give some reasons, though briefly, while affirming order of the disciplinary authority.

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Considering the entire facts and circumstances of the case, I have no hesitation to set aside Ext.P6 order passed by the appellate authority and the matter is remanded to the appellate authority to decide the appeal afresh in accordance with law after affording an opportunity of hearing to the petitioner. Appellate authority shall dispose of the matter within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of with the aforesaid observation.

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B.P.RAY, JUDGE

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jes

C.Mathunni Panicker v. Appellate Authority

Case brief

What is this about?

What did the court decide?

C.Mathunni Panicker v. Appellate Authority

Case brief

What is this about?

What did the court decide?

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