R.Geethanjali v. The Deputy General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN WRIT APPEAL NO.233 OF 2018
1. R.Geethanjali
2. R.Renuka Devi
3. R.Shyam Sundar
4. R.Jayashree ... Appellants .Vs.
The Deputy General Manager, Disciplinary Authority, Karur Vysya Bank Limited, Central office, Erode Road, Karur - 639 219.
... Respondent PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent against the order dated 04.10.2017 passed by this Court in W.P.SR.No.95830 of 2017.
Prayer in W.P.SR.No.95830 of 2017:- Petition filed under Article 226 of the Constitution of India, praying for the issue of a writ of Mandamus, directing the respondent to modify the punishment of Dismissal to the first petitioner's husband namely Late K.P.Rajagopal issued on 15.02.2000 as Compulsory Retirement and quash the same. For Appellants :
Mr.S.Ilamvaludhi For Respondent :
Mr.Anand For M/s.T.S.Gopalan & Co.
J U D G M E N T
(Judgment of the Court delivered by S.VAIDYANATHAN,J.) This Writ Appeal is directed against the order dated 04.10.2017 passed by this Court in W.P.SR.No.95830 of 2017.
2. Heard the learned counsel on either side and perused the material documents available on record.
3. In the case on hand, the deceased employee viz. K.P.Rajagopal was imposed with the punishment of dismissal from service vide order dated 15.02.2000. It is seen that, the Bank has deprived a portion of the gratuity to the employee, and on questioning about the non-payment of the same, the amount has been paid to the employee and in the meantime, the employee died.
4. After the demise of the employee on 09.07.2014, his legal heirs, have chosen to file a Writ Petition seeking interference of the punishment of dismissal into one of compulsory retirement. The learned Single Judge, finding no merits, dismissed the Writ Petition at the S.R. Stage, relevant portion of which, reads thus:
"3.
But this Court is absolutely at a loss to appreciate the prayer made by the Petitioners for the following three reasons:
3.1. Firstly, when the first petitioner's husband suffered a punishment of dismissal from service way back on 15.02.2000, he has not even chosen to challenge the said order, probably for the reason that, the said order was found to be reasonable to him. Only after his death on 09.07.2014, the Petitioners, on coming to know of the punishment which has taken away the right to receive the pension, have chosen to file the Writ Petition along with the Petition under Rule 2-B of Appendix V of the Appellate Side Rules, which cannot be entertained.
3.2. Secondly, when the delinquent himself did not choose to challenge the order of dismissal for 14 years from 15.02.2000 till 08.07.2014, as he died on 09.07.2014, it is not known how his wife and children can come to this Court seeking modification of the order of punishment.
3.3. Thirdly, if the Writ Petitions of this type are allowed to be entertained, there would not be any sanctity to the departmental disciplinary proceedings.
5. The order of dismissal is dated 15.02.2000 and the employee died on 09.07.2014. The employee ought to have challenged the dismissal order during his lifetime itself. When the employee itself has remained unmoved by the order of dismissal for 14 years, after his demise, his legal heirs have no locus to approach this Court seeking modification of the order of punishment. Even assuming for the same of argument that, we are agreeing with the contention of the Appellants that, the Writ Petition can be jointly filed, a Writ Petition is not maintainable against a Private Bank, unless otherwise, there are statutory violations. Undoubtedly, if the prayer of the Appellants is answered in their favour, there will not be any sanctity to the departmental enquiry proceedings.
6. A dead issue cannot be revived at this distant point of time. Hence, in view of the foregoing, we find no merits in the Writ Appeal and accordingly, the same is dismissed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar (aeb) To The Deputy General Manager, Disciplinary Authority, Karur Vysya Bank Limited, Central office, Erode Road, Karur - 639 219.
+1cc to M/s.T.S.Gopalan & Co., Vide S.R.No.44040 WRIT APPEAL No.233 OF 2018 SSI(CO) PBS/22/09/2021