Shiny Saji v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.31815 and 31817 of 2022 Shiny Saji

...Petitioner

-Vs1. The Managing Director, Indian Bank, 254-260, Avvai Shanmugam Salai, Pudupet, Gopalapuram, Chennai-600014.

2. The Assistant General Manager/ Disciplinary Authority, Indian Bank, Indian Bank Zonal Office, No.1, Mehala Towers, 3rd Floor, Tiruppur-641601.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the termination order dated 08.08.2022 vide IRCC/ZOT/DP-58/56330/2022-23/50 issued by the second respondent terminating the petitioner from her service and be quashed as arbitrary and illegal and consequently directing the respondents to reinstate the petitioner in the services of the first respondent along with all entitlements from the date of the petitioner's termination on 08.08.2022.

For Petitioner : Mr.Thomas T.Jacob For Respondents : Ms.Rajeswari for M/s Aiyar and Dolia

ORDER

This writ petition has been filed challenging the order passed by the second respondent dated 08.08.2022, thereby terminated the petitioner from service.

2. Heard the learned counsel on either side and perused the materials available on record.

3. Though the petitioner challenged the order of the second respondent, there is an appeal remedy and it should be exhausted by the petitioner. Therefore, the petitioner also preferred an appeal before the Board of Directors, Indian Bank, Chennai, on 30.08.2022. The petitioner also sent a remainder letter, on 27.10.2022. However, there was no response and as such, the petitioner was constrained to approach this Court, challenging the order of termination passed by the second respondent.

4. The learned counsel for the respondents would submit that as against the order passed by the disciplinary authority, there is an appeal remedy available to the petitioner.

5. In view of the above, the first respondent/Board of Directors, Indian Bank, Chennai, is directed to dispose of the appeal filed by the petitioner, dated 30.08.2022, after giving an opportunity of hearing to the petitioner, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.

19.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Managing Director, Indian Bank, 254-260, Avvai Shanmugam Salai, Pudupet, Gopalapuram, Chennai-600014.

2. The Assistant General Manager/ Disciplinary Authority, Indian Bank, Indian Bank Zonal Office, No.1, Mehala Towers, 3rd Floor, Tiruppur-641601.

19.01.2024