Bank employee found guilty of misappropriation was punished with compulsory retirement; the Single Judge modified it to reduction of five stages and reinstatement without back wages. The Division Bench found the punishment proportionate to the proven misconduct and dismissed the writ appeal.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A(MD)No.786 of 2025
V.Rajapandian
...Appellant
-Vs-
Page 1 of 8
PRAYER: Writ Appeal filed under Clause XV of Letters of Patent Appeal, to set aside the order, dated 14.06.2022 made in W.P.(MD).No.12312 of 2018 and consequently direct the respondents to pay full back wages from 23.03.2002 till date of superannuation i.e. on 28.02.2019 in addition to all other attendant terminal benefits already directed to be paid to the appellant by the Learned Single Judge.
For Appellant : M/s.R.Murugan
JUDGMENT
DR.G.JAYACHANDRAN, J. AND
R.POORNIMA , J.
The Appellant been found guilty of misappropriation of funds of Indian Bank.
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evidence, but had reiterated the earlier order of Compulsory retirement and also aggrieved by the order of reinstatement without back wages.
the authorities for fresh consideration, the Disciplinary authority had applied his mind afresh and passed an order of Compulsory retirement. However, the Learned Single Judge has thought fit that the Compulsory retirement is harsh and, therefore modified it, thereby safeguarding the employment of the writ appellant, who had engaged in misconduct by misappropriating the bank's funds.
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No costs.
[G.J., J.] & [R.P., J.] 27.03.2025
NCC : Yes / No Index : Yes / No
KSA
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To
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DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J.
KSA
W.A(MD)No. 786 of 2025
27.03.2025
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1 issue framed by the court
Whether the intra-court appeal disclosed valid grounds to interfere with the Single Judge's modification of compulsory retirement to reduction of five stages with reinstatement without back wages.
V.Rajapandian
The Indian Bank, represented by its Chairman Cum Managing Director
The Executive Director (Review Authority), Indian Bank
The General Manager (Appellate Authority), Indian Bank
Deputy Zonal Manager/Assistant General Manager (Disciplinary Authority), Indian Bank
G.Jayachandran
R.Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
