G.Gnanamari v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN G.Gnanamari ... Appellant Vs.
1.The Managing Director, Tiruvannamalai District Central Cooperative Bank Ltd., Collectorate, Master Complex, Tiruvannamalai - 606 604.
2.The Joint Registrar of Co-operative Societies, Tiruvannamalai Region, Tiruvannamalai District.
... Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order made in W.P.No.3571 of 2023 dated 02.01.2025. For Appellant : Mr.L.P.Shanmugasundaram For Respondents : Mrs.Reshmi Christy for R1 Mr.S.Ravikumar, Special Government Pleader for R2 Page No.: 1 of 6
*****
J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The order of the learned Single Judge in W.P.No.3571 of 2023 is under challenge.
2. The appellant was working as Assistant Manager in a Cooperative Bank and was charged with several delinquencies including misappropriation of funds which were kept in Fixed Deposit in the Bank by forging the signatures of depositors. In the domestic enquiry charges were held to be proved. The Bank imposed a punishment of dismissal from service. This order was challenged by the petitioner by way of revision before the 2nd respondent. The 2nd respondent set aside the punishment and imposed a punishment of stoppage of increment with cumulative effect for 5 years. This was challenged by the Bank in the Writ Petition.
3. The writ Court found that the order of the revisional Authority shocks its conscience. The writ Court also found that the appellant was charged with forgery, falsification of accounts and signing of customers signature and taking --------------------- Page No.: 2 of 6
away the customer's money to the tune of Rs.22,20,000/- which was kept in Fixed Deposit. The fact that there is no financial loss to the Bank may help in cases where there is negligence on the part of the employee. The same cannot be a ground for reducing the punishment in cases where the employee is found guilty of indulging in forgery and withdrawal of customer's money from the Bank without their knowledge. Banking operations are carried out with utmost trust. Actions of persons like the appellant will not only damage the reputation of the Bank, but also have a bearing on the Society. If these persons are let of with a minor punishment, then others in the pipeline will be embolden to repeat such crimes.
4. Hence, we see no reason to interfere with the order of the writ Court. The Writ Appeal fails and it is accordingly dismissed. No costs. (R.S.M.,J.) (G.A.M.,J.) 26.03.2025 dsa Index : No : No Speaking order Page No.: 3 of 6
--------------------- Page No.: 4 of 6
To 1.The Managing Director, Tiruvannamalai District Central Cooperative Bank Ltd., Collectorate, Master Complex, Tiruvannamalai - 606 604.
2.The Joint Registrar of Co-operative Societies, Tiruvannamalai Region, Tiruvannamalai District.
Page No.: 5 of 6