Joseph Alapatt vs The Board Of Directors
2021 Latest Caselaw 12828 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                       WP(C) NO. 6629 OF 2021
PETITIONER/S:

          JOSEPH ALAPATT,
          AGED 63 YEARS
          EMPLOYEE CODE NO. 26719, FORMER DEPUTY GENERAL
          MANAGER, THE CATHOLIC SYRIAN BANK LTD, THRISSUR,
          RESIDING AT ALAPPATT, GREEN NAGAR, PATTALAKINAR
          ROAD, KURIACHIRA, THRISSUR-680 006
          BY ADVS.
          K.P.SATHEESAN (SR.)
          SRI.K.SUDHINKUMAR
          SRI.S.K.ADHITHYAN
          SRI.SABU PULLAN
          SRI.GOKUL D. SUDHAKARAN


RESPONDENT/S:

    1     THE BOARD OF DIRECTORS,
          REPRESENTED BY ITS CHAIRMAN, CATHOLIC SYRIAN BANK
          LTD, HEAD OFFICE, THRISSUR-680 020
    2     THE MANAGEMENT COMMITTEE OF THE BOARD,
          REPRESENTED BY ITS CHAIRMAN, CATHOLIC SYRIAN BANK
          LTD, HEAD OFFICE, THRISSUR-680 020
    3     THE MANAGING DIRECTOR AND CEO,
          CATHOLIC SYRIAN BANK LTD., HEAD OFFICE, THRISSUR-680
          020

OTHER PRESENT:

          SMT.LATHA ANAND, STANDING COUNSEL


   THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2021, THE COURT ON THE SAME DAY
             DELIVERED THE FOLLOWING:
                                         2
WP(C) No.6629 of 2021

                           C.S.DIAS, J.
               ======================
                    WP(C) No.6629 of 2021
                ======================
              Dated this the 10th day of June,2021.

                               JUDGMENT

The writ petition is filed seeking a direction to the second

respondent - the Managing Committee of the Board of the

Catholic Syrian Bank Ltd - to consider and pass orders on Ext

P4 appeal filed by the petitioner within a time frame.

2. The petitioner has averred in the writ petition that he

is a former Deputy General Manager of the Catholic Syrian

Bank Ltd - a scheduled Bank. He was removed from service,

pursuant to a disciplinary proceedings, by Ext P3 order. The

petitioner has challenged the said order by preferring Ext P4

appeal before the second respondent. The petitioner has also

preferred Ext P5 representation. There is inaction on the part of

the respondents in considering Exts P4 and P5. Hence the writ

petition.

3. Heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

respondents.

WP(C) No.6629 of 2021

4. The Hon'ble Supreme Court in Federal Bank Ltd vs

Sagar Thomas and Ors [(2003) 10 SCC 733] has

categorically laid down the law that a private Banking Company,

carrying on banking business as a scheduled Bank, is not

amenable to writ jurisdiction of the High Courts under Article

226 of the Constitution of India. The above view has been

followed by a Division Bench of this Court in Mathew Ignatius.

C vs. Catholic Syrian Bank Ltd, Thrissur and Ors [2019 (5)

KHC 835].

5. In view of the empathetic declaration of law in the

aforecited decisions and the undisputed fact that the Catholic

Syrian Bank Ltd is a scheduled Bank, I am of the firm opinion

that the writ petition is not maintainable.

Resultantly, the writ petition is dismissed reserving the

right of the petitioner to work out his remedies as enjoined in

law.

Sd/-

C.S.DIAS JUDGE

sks/10.6.2021

WP(C) No.6629 of 2021

APPENDIX OF WP(C) 6629/2021

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE MEMO OF CHARGES GIVEN TO THE PETITIONER BY THE 3RD RESPONDENT DATED 4.11.2017.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE SUBMITTED BY THE PETITIONER DATED 22.11.2017.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 4.5.2018.

EXHIBIT P4 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.05.2018.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 9.10.2019.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.12.2020.