High Court Karnataka High Court

Tharian Chacko S/O Late P C Chacko vs Andhra Bank on 10 November, 2008

Karnataka High Court
Tharian Chacko S/O Late P C Chacko vs Andhra Bank on 10 November, 2008
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
~ ~ ;{:~3y' S131: P S"R{¥JAGOPAL ASSOCIATES )

IN THE HIGH comm' or KARNATAKA AT  T' 
DATED THIS THE 10th SAY 0:sfJ§i»'<) i§«*1::2_sA'B;.§',2?'AA 
PRESENT   1 n     n\'V
THE H€)N'13LE MR. 9.9. DIN}5§"£;{:AI§fAN;. 
 4' ANfD..    ,_ ,.

THE HON'BLE MR:Ji}QfICE V.G.SA B'HAHIT

:X&"§§I'f'.APiF§EA§IQ;P€O«.  V2038
BETWEEN:  " '  " "

1 THARIAN"'C--HAj-CK(}f:.;  " _ . 
s/0 LATE :9 C:*«.f*:¥~IAcI<é:,  . '
AG«E:58.YEARS, " Q" %  _   _

EARLIER w0RKzr_¢G..As G.FFiCER IN
NHDDLE MA_NAGEMENT<... 
GRADE SCALE,-Hi-IN '
 ANm;1RA'BANK" ..... 
 -SINCE ;LLEGALLY DISMISSED
 »FRO_M .SER'e.f1(§E AND
" Ri_A.'Ar;3;«G21GAN.MANOR,
DENNUR NAGAR,
BAHGALQRLE-«S69 032.     ...APPELLANT

'5fjA1s:D«:'_ .

 -.1, V' ANDREA BANK
--. '  BODY CONSTITUTED
 UNDER THE BANKING
COMPANIES'(ACQU£SITIDi\I

 



for fresh eonsidexation of the appeal in  .

in the light of the observations ma1;iein '4 '* 

order and directed the appellate   AA

appeal as expeditiously ae possible " in  'ueesfeezt jjnet  ;

later than three months fmm  of ofgcopy of
the order.  A 'A ' 2 H H

2. The apV1pe31an:A,,_1a ¢rci:.i__' 1:;1ed'~-.§g'.~ié,No.21647/2001
seeking for  of  by the Appeflate
Authofifiij dated'  the order passed by

the   21.10.2000 and for a

 _ diIec*.ipi1e'to reijzetate fhe petitioner into the service 01"

  with continuity of service and ed}

  including the monetary 'Benefits.

3: is the contention of the whit petifioner that he was

A  as Ofieer Gradedll in Vijaya Bank fmm 1.2323 to

  Thereafler eetitioner joined the first respondent»

Bank as an Oficer in Grade}! on 10.18.78 with

efieet from 1.1.83. Andhra Bank Gfiem (Service

x99»

appellate authority shafl carefully consider .’

involved in the case when an order of b

dismissal fiom service has beegfi

petitioner and accordingly! the? pcfitiééi. Scftiiig ‘V L»

aside the order passed by éatcd
12.4.2001 and Itmittcsii -age .%.&fiesi{%d:sg§osa1 in
accordance with law in made in
the course Singlé Judge and
di1:’3ctc<IV.' fli,é of the appeal as
cxpcdificgtlsij as — any event not later than

three mgnthfi of receipt of copy of this order.

" 'sa 1d' order dated 21.7.2008, the writ;

' petitioner. this appeal.

‘A heard the learned counsel appearm g for

appenann

V’ * Learned counsei appearing for the appeflant

gtfinmitteci that the learned Single Judge was not justified in

mmitting the matter to the appellate autlzxoxity. The material

on record would clearly show that the charg§:s'” V.

against the appellant had not been proved as r1gl’ it

the Inquiry Officer and the ord,éi5 bf fltltc .;

Authority reversing the finding of

baseless and the appellate »}:1as.Vi1<;st
while disposing of the' 'the7§1ca;r'nf:d

Single Judge ought to haéiclget asiiig passed by the

Ibisciplinaxy Auggofity by charges frameé

against the the Disciphn' ary
Authority 'h:::}d by the Inquiry Omcer.
_ 7'. . 'have Vnigivfzit amcious oonsisiemtion to the

cfinteiafioxi of counsel appearing for the aypellant

and on record including the order

VV'.;« %ia§$sed théi ' g Authority, i)iscipl1na1y' authority

appellate authority.

‘ The perusal of the material on mccrti would clearly

” that thqugh the Incfuiring Authority had mcorfieci a

finding that charges have not been prevail, the Disciplinary

Q

\9«)>

10

call for interference in this appeal. Accordingly, V.

there is no merit in this appeal and pass the M

The Writ appeal is dismissed.

” Justice

% Judge