A bank sweeper dismissed following a disciplinary enquiry over alleged theft of documents sought writ quashing of his dismissal. The Court noted an alternative remedy in the Labour Court and permitted him to approach it within four weeks, directing that writ-proceeding time be excluded from delay computation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT FORTHESTATE OF TELANGANAAT HYDERABAD (SPecial Original Jurisdiction)
FRIDAY, THE TWENTY FIFTH DAYOF OCTOBER TWO THOUSAND ANDTWENryFOUR
PRESENT
THE HONOURABLE SRI JUSTICEANIL KUMAR JUKANTI
WRIT PETITION NO: 40761OF 2014
Between:
M.Prakash, S/o.Prasad, agedabout 38 years' Occ Part Time lyeepgron 1/3 scale *ig"i(Dsrissed), Ryo.H.No.2-5-55,Khanapurpost, Aditabad Mandaland District.
...PETITIONER
AND
..RESPONDENTS
Petition under Article 226 of theconstitution of lndia prayingthat in the crrcumstances stated in theaffrdavitfiled therewith, the High courtmaybe pleased to issue a writ, order or ordersmore particularlyone in the natureof writ of certrorari by calling therecordsof the 1st respondentin Lr.No 678l2ONIr- 1446t418, Dated 29-06-20'13 asconfirrnedby the 2nd respondentin Lr.No 666/20lV fi-14461394,Dated 23-09-2013 and declarethe same as illegal, erroneous and violative ofArticles 14, 16 and 21 0f the constitutionof lndia and consequently set aside thesame by directingthe respondentsto rernstate the petitioner into service with all consequential benefits.
l.A. NO: 1 OF 201 4(WPMP. NO:51096 oF 2014)
Petition under section 151 CPCpraying that in the circumstances statedln the affidavit filed in supportof the petkion, the High Court may be pleasedto suspend theproceedings ofthe1 st respondent in Lr.No.678/20lvlT -14461 418,
tn Dated 29-06-2013 as well as theproceedings of the 2nd respondent Lr. No.666/20/V fi- 1 446I 39 4,Dr.23-9- 1 3.
counser ror the Petition"''
H.:$Stll[X$'ffivo*=RREDDy
Counsel forthe Respondents: Dr.K.LAKSHMI NARASIMHA, SC FORBANK The Court made the following: ORDER
THE HON'BLE SHRI JUSTICEANIL KT'MARJI'KANTI WRIT PEf,ITIoN No.4O76Lof 2OL4
ORDER:
This Writ Petition isfi.led seeking the followingreliet
". . .to issue a urit,ord,er or ordersmore partianlarly one in the nature of uritof eftiorari bg calling the records of tle 1st respondentin Lr.No'678/2O/V/ T-1446/418, Dated29-062013 and os confirmed bg tLe 2nd respondent inLr'No.666/ 20/ V/ f- 1446/394, Dated 23-09-2013and declarethe srrme as illegal, etoneousand'kolotiu. of Attbles 14, 16 and 21 of tleConstitutionof Indiaand con sequentlg set aside tlesame bg directirqtte respondents to re Etatethe petitiorerinto seruice uith all a nsequentialbenefitsand pass.."
Petitioner was working as asweeper in Ponkal Jannaram Branch, KarimnagarZone, of the respondent - bank. He was placed under suspensionvide Lr.No.O678/ 20 lV /5-24601/ 1054, dated10. LO-2OL2. A charge sheet
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JAK, J W.P.No.4O761 of 2014
was issued on O3.IL.2OL2 framing a cha_rge that petitioner had stolen certain documents from the strong room of the branch and thus committed act of mis_ conducted.
3
JAK' J W.P.No.4O761of 2O14
imposed thepunishment of nDismissal from Bank's Service'. Matterwas carriedin appeal, the order of the disciplinaryauthority was confirmed intlre appeal' Thoughpetitioner had analternativeremedy of approaching theLabour Court, without availing such remedy, approachedthis Court by way of a writ petition'
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I I I I I i i, t I
I !
JAK, J W.P.No.4O761 of 2014
opportunity be granted to petitioner to approach the proper forum by raising all the grounds.
Miscellaleous petitions, if ar-ry, pending, shall stand
dismissed
//TRUE COPY//
SD/. P.Ch. NAGABHUSHAMBA ,/ ASSISTANT REGISTRAR /
To,
SEC N OFFICER
BSK \ft
GJP
HIGH COURT
DATED:2511012024
ORDER
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WP.No.40761 of 2014
DISPOS!NG OF THE WRIT PETITION WITHOUT COSTS Pr
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1 issue framed by the court
Whether the writ petition challenging dismissal after disciplinary enquiry should be entertained despite availability of an alternative remedy before the Labour Court.
2 provisions across 2 enactments
M. Prakash
Andhra Bank, Rep. by its Chief Manager and Disciplinary Authority, Zonal Officer, Karimnagar
Andhra Bank, Rep. by its Assistant General Manager, Appellate Authority, Head Office, Koti, Hyderabad
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
