High Court Kerala High Court

A.Surendra Raj vs Canara Bank on 10 August, 2007

Kerala High Court
A.Surendra Raj vs Canara Bank on 10 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30134 of 2003(K)


1. A.SURENDRA RAJ, SENIOR MANAGER,
                      ...  Petitioner

                        Vs



1. CANARA BANK,
                       ...       Respondent

2. EXECUTIVE DIRECTOR,

3. GENERAL MANAGER, CANARA BANK,

                For Petitioner  :SRI.P.M.PAREETH

                For Respondent  :SRI.M.C.SEN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :10/08/2007

 O R D E R
                        Antony Dominic, J.
              ========================
                   W.P(C).No.30134 of 2003
              ========================

           Dated this the 10th day of August, 2007.

                            JUDGMENT

Petitioner was a Senior Manager in the Tripunithura Branch

of the first respondent Bank. After his tenure at Tripunithura, he

was issued a memo of charges containing six charges. To put it

in a nutshell, the allegation had that he had permitted temporary

over draft in some Savings Bank Accounts without the request of

the account holder concerned and failed to adhere to the systems

and procedure laid down while allowing the said temporary over

draft facility. He filed his written statement, Ext.P2 and

eventually an Officer of the Bank was appointed as the Enquiry

Officer for conducting a domestic enquiry. Disciplinary enquiry

was accordingly conducted wherein the Bank adduced oral

evidence while the petitioner did not adduce any evidence. On

conclusion of the enquiry, considering the materials available, the

WP(C) 30134/03 -: 2 :-

Enquiry Officer submitted Ext.P4 report holding that the charges

were proved. Thereafter, copy of the report was furnished to the

delinquent and he was allowed to file representation against the

findings in the enquiry report. Considering the enquiry

proceedings, report of the Enquiry Officer, representation made

by the delinquent and other materials, the Disciplinary Authority

issued Ext.P6 order imposing a punishment of reduction of pay

by one stage with cumulative effect. Petitioner pursued the

matter in appeal before the Appellate Authority by Ext.P8 and

that was also rejected by Ext.P9. It is seeking to quash Exts.P6

and 9 and for consequential reliefs that this Writ Petition has

been filed.

2. Learned counsel for the petitioner mainly argued three

points: (1) That the Enquiry Officer relied on the investigation

report submitted by MW3 along with the statements of the

account holders recorded by him and that the account holders

were not made available in the enquiry for cross examination.

According to him, he was thus denied a reasonable opportunity to

prove his innocence and this is in violation of the principles of

natural justice. (2) It is also contended that the Bank had with it

WP(C) 30134/03 -: 3 :-

letters written by the account holders concerned and that though

copies of these letters were part of the enquiry proceedings, the

Enquiry Officer did not deal with the same. (3) It is also

contended that Regulation 6(3) of Canara Bank Officer Employees

(Discipline & Appeal) Regulations required that documents relied

on while issuing memo of charges against a delinquent should be

supplied and that in this case he has not been furnished copies of

the documents. (4) Lastly, it is contended that there was union

rivalry between the petitioner on the one side and MW1 on the

other side and therefore they had vested interest to ensure that

the petitioner is punished.

3. As regards the first contention, regarding the report

submitted by MW3 is concerned, it is seen that MW3, an officer of

the Bank had conducted a preliminary investigation into the

allegations against the petitioner and had recorded statements

from the concerned account holders. On the materials collected

by him he has also submitted his report to the Bank and this

report was produced in the enquiry and marked as ME. 82.

Complaint of the petitioner is that along with the report, the

statements recorded by the Investigation Officer were also

WP(C) 30134/03 -: 4 :-

produced in the enquiry and that though the Enquiry Officer

made reference to those statements, these persons were not

made available for cross examination.

4. On a reference to Ext.P4 report, it is seen that the

Enquiry Officer has referred to ME.82 investigation report and has

in that context made reference to the statements of the account

holders. Such reference has been made in relation to each of the

six charges that were held to be proved against the delinquent.

On a reading of the report, I am inclined to think that what is

relied on by the Enquiry Officer is the report submitted by MW3

and not the statements. Coming to the correctness of the

contention that the account holders were not available for cross

examination, I notice that the author of the report ME.82 was

offered for cross examination and thus the delinquent had the

opportunity to rebut the evidentiary value of the contents of the

report submitted by MW3. Since the statements as such are not

relied on by the Enquiry Officer, I do not think that the report is

vitiated for not making available the account holders for cross

examination. Thus, as long as the Enquiry Officer relied on the

report submitted by the Investigation Officer and the contents

WP(C) 30134/03 -: 5 :-

thereof, which are based on the statement recorded by him from

the account holders and as the Investigation Officer was offered

for cross examination in the enquiry, I am not inclined to think

that there is violation of the principles of natural justice that has

been caused to the petitioner.

5. Coming to the second grievance of the writ petitioner

about the letters written by the account holders are concerned, it

is seen from Ext.P4 report of enquiry that what was produced by

the petitioner during the course of enquiry are photocopies of the

letters said to have been written by the account holders of the

Bank, exonerating the petitioner. However strangely enough,

these records were not available in the Bank files. It is true that

during the course of cross examination of MW2 the petitioner

showed these letters to him and questioned him as to who had

written those letters. In response to that question, referring to

these letters, his natural reaction was that these letters were

written by the account holders, whose names were mentioned in

the letters itself. But however, in the face of the contention of

the Bank that these letters were not available on the files of the

Bank, I am not prepared to take the evidence of MW2 as one

WP(C) 30134/03 -: 6 :-

confirming the genuineness of these letters nor its availability on

the files of the Bank. That apart, if the petitioner strongly relied

on these letters, it was upto him to prove the authenticity of

these documents by examining the authors of those letters as his

witnesses. This has not done in this case. In such case, the

Enquiry Officer has not relied on these letters and I cannot find

any fault with the Enquiry Officer in this respect as well.

6. Next is the contention regarding the non-supply of the

documents in terms of Regulation 6(3) of Canara Bank Officer

Employees’ (Discipline & Appeal) Regulations. While the

petitioner would allege that he was not given documents,

paragraph 14 of the counter affidavit filed by the Bank would

show that all the documents relied on against the petitioner were

in fact supplied. Therefore, though the petitioner asserts the

non-availability of the documents, the Bank is disputing the

correctness of the averments. I also notice that the petitioner

has not raised his contention with regard to the non-availability

of these documents along with the memo of charges in his

written statement or the representation filed against the report of

the Enquiry Officer or even in the appeal filed before the

WP(C) 30134/03 -: 7 :-

Appellate Authority. Added to this, is the fact that he could not

prove any prejudice that has been caused to him, if at all these

documents were not made available along with the memo of

charges.

7. Last is the plea of malafides arising out of the alleged

inter union rivalry. I can understand, if malafides are alleged

against the Disciplinary Authority or the Enquiry Officer and it is

not the case. Here is a case where malafides are alleged against

the witnesses, who are MW1 and MW2. The dependability of the

evidence that was tendered by these witnesses was a matter to

be assessed by the Enquiry Officer and it was totally upto the

Enquiry Officer to come to his own conclusions. This could not

have been influenced by these witnesses in any manner.

Therefore the allegation of malafides have no substance.

Assuming that there is any truth in the story alleged with regard

to inter union rivalry that is pleaded, I do not want to go any

further into the allegations for the reason that persons against

whom malafide is alleged, have not been impleaded in this Writ

Petition.

8. I do not find any merit in the contentions raised

WP(C) 30134/03 -: 8 :-

warranting interference with the finding of guilt or punishment

that has been imposed on the petitioner.

Writ Petition is dismissed.

Antony Dominic,
Judge.

ess 10/8