Bubu K.V vs Indian Overseas Bank
2025 Latest Caselaw 3806 Ker

Kerala High Court

Bubu K.V vs Indian Overseas Bank on 7 February, 2025

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 4550 OF 2025




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                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                           THE HONOURABLE MR. JUSTICE D. K. SINGH

                  FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946

                                    WP(C) NO. 4550 OF 2025


PETITIONER/S:

                BUBU K.V, AGED 36 YEARS
                ASSISTANT MANAGER, INDIAN OVERSEAS BANK KOZHIKODE MAIN BRANCH, EMSONS
                ARCADE, CHERUTTY ROAD, KOZHIKODE-673 032. (REVATHY NIVAS,
                EDAVALATHUPARAMBU, ANANDAN BAZAR, KOMMERI, KOZHIKODE), PIN - 673007


                BY ADVS. B.RAGHUNATHAN, M.SALIM, R.SRINATH
                K.JALADHARAN, V.M.JACOB, G.BAIJU, V.MANOJ



RESPONDENT/S:

       1        INDIAN OVERSEAS BANK
                REPRESENTED BY MANAGING DIRECTOR AND CEO, INDIAN OVERSEAS BANK CENTRAL
                OFFICE, 763 ANNASALAI, CHENNAI., PIN - 600002

       2        GENERAL MANAGER
                HUMAN RESOURCES DEVELOPMENT DEPARTMENT SUPERVISORY, INDIAN OVERSEAS
                BANK CENTRAL OFFICE, 763 ANNASALAI, CHENNAI., PIN - 600002

       3        CHIEF MANAGER
                PERSONNEL ADMINISTRATION DEPARTMENT SUPERVISORY, INDIAN OVERSEAS BANK
                CENTRAL OFFICE, 763 ANNASALAI, CHENNAI., PIN - 600002

       4        CHIEF REGIONAL MANAGER
                INDIAN OVERSEAS BANK REGIONAL OFFICE, VETTUKATTIL BUILDING, JOS JUNCTION,
                ERNAKULAM, KOCHI., PIN - 682016

       5        ASSISTANT GENERAL MANAGER/INQUIRING AUTHORITY
                INDIAN OVERSEAS BANK CENTRAL OFFICE, 763 ANNASALAI, CHENNAI., PIN - 600002
 WP(C) NO. 4550 OF 2025




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       6       DEPUTY GENERAL MANAGER/DISCIPLINARY AUTHORITY
               INDIAN OVERSEAS BANK CENTRAL OFFICE, 763 ANNASALAI, CHENNAI., PIN - 600002



OTHER PRESENT:

               SUNIL SANKAR


       THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 07.02.2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4550 OF 2025




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                                    JUDGMENT

The petitioner, while working as Assistant Manager in the

Kozhikode Main Branch of the Indian Overseas Bank, was subjected to

disciplinary proceedings. On conclusion of the disciplinary proceedings,

the 6th respondent/Disciplinary Authority inflicted the punishment of

"reduction in the scale of pay by four stages for a period of two years with

further direction that the petitioner will not earn increments of pay during the

period of reduction and on expiry of such period the reduction will have the

effect of postponing the future increments of pay under Regulation 4(f) of Indian

Overseas Bank Officer Employees' (D&A) Regulations 1976". It was further

stated that the period spent by the petitioner under suspension shall be

treated as 'one not spent on duty'. However, the petitioner would not be

entitled to any monetary or other benefits other than the subsistence

allowance which was already paid to the petitioner. The petitioner has

also been transferred to Lucknow from the present place of posting at WP(C) NO. 4550 OF 2025

2025:KER:10154

Kozhikode.

2. Against the punishment order effected in disciplinary

proceedings by the 6th respondent, the petitioner has the remedy of

filing an appeal before the 2nd respondent.

2.1 The learned Counsel for the petitioner submits that the

petitioner will file the appeal against the order of punishment before the

2nd respondent within ten days.

2.2 If the petitioner files the appeal against the order of

punishment in Ext.P24, the 2nd respondent shall decide the appeal

expeditiously, in accordance with the law, preferably within one month

from the date of its filing. The 2nd respondent should afford an

opportunity of hearing to the petitioner before taking the final decision

on the appeal to be filed by the petitioner.

3. So far as the question of transfer of the petitioner to Lucknow

from the present place of posting in Ext.P25 is concerned, the appeal of

the petitioner has already been rejected by Ext.P26. WP(C) NO. 4550 OF 2025

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3.1 The petitioner holds a transferable post and has been

transferred to the post to which he is entitled to having the same status,

pay and allowances, duty and responsibilities. The petitioner does not

have the right under the relevant service rules to remain posted in

Kerala for all time to come. On administrative grounds, the petitioner

has been transferred to Lucknow. Even otherwise, the competent

authority can transfer the petitioner to any place where the respondent

Bank has its office and branches.

4. In respect of another employee of the 1st respondent Bank

who also faced disciplinary proceedings and was transferred, this Court

in Vishnu V B v. Indian Overseas Bank1 observed as follows:

"6. The petitioner holds a transferable post and has been transferred to the same post having the same status, pay and allowances, duty and responsibilities. The petitioner does not have the right to remain posted in Kerala. On administrative grounds, the petitioner can be transferred to any place where the respondent bank has its offices or branches.

7.An order of transfer becomes punitive when the transfer is to a post

Judgment dated 21.01.2025 in W.P.(C) No.2372/2025 WP(C) NO. 4550 OF 2025

2025:KER:10154

that does not have commensurate status, pay, allowances, duties and responsibilities. The learned counsel for the petitioner does not dispute that the transferred post is of the same status and carries the same pay, allowances, duties, and responsibilities.

8. The transfer and posting are the subject matter better left to the discretion of the competent authority, and the court should be loath to interfere in the transfer and posting of the employees. In view thereof, I find no substance in this writ petition which is hereby dismissed."

5. Thus, the writ petition so far as impugning the order of

transfer is concerned, is hereby dismissed. However, in respect of the

order of punishment, it is being disposed of with liberty to the petitioner

to file an appeal against the impugned punishment order before the 2nd

respondent within ten days, who shall decide the appeal in accordance

with the law expeditiously, preferably within one month from the date

of filing of the appeal, after providing an opportunity of hearing to the

petitioner.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 4550 OF 2025

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APPENDIX OF WP(C) 4550/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO.RO/HRMD/2021-22 OF 3RD RESPONDENT DATED 20.10.2021.

Exhibit P2 TRUE COPY OF THE RELIEVING ORDER ISSUED TO PETITIONER BY THE BRANCH MANAGER, INDIAN OVERSEAS BANK, MADAVOOR BRANCH DATED 2.5.2024.

Exhibit P3 TRUE COPY OF LETTER NO.REF/RO/AGM/PLG/...../2024-25 ISSUED BY 2ND RESPONDENT DATED 7.9.2024.

Exhibit P4 TRUE COPY OF THE EXPLANATION SUBMITTED BY PETITIONER TO ASSISTANT GENERAL MANAGER DATED 13.9.2024.

Exhibit P5 TRUE COPY OF E-MAIL MESSAGE DATED 7.9.2024 SENT TO THE BRANCH MANAGER, KOZHIKODE MAIN BRANCH.

Exhibit P6 TRUE COPY OF ORDER NO.HRMD/SUP/MGMT-TRF/1/2024-25 ISSUED BY 2ND RESPONDENT DATED 9.9.2024.

Exhibit P7 TRUE COPY OF ORDER REF NO.EST/13/2023-24 ISSUED BY HUMAN RESOURCES MANAGEMENT, DEPARTMENT OF INDIAN OVERSEAS BANK DATED 15.11.2023.

Exhibit P8 TRUE COPY OF INDIAN OVERSEAS BANK OFFICER EMPLOYEES' (CONDUCT) REGULATIONS, 1976.

Exhibit P9 TRUE COPY OF JUDGMENT DATED 22.10.2024 IN WP(C)NO.33124 OF 2024 OF THIS HON'BLE COURT.

Exhibit P10 TRUE COPY OF MEMORANDUM OF ALLEGATIONS AND ARTICLES OF CHARGES NO.DA/DGM(CP)/184/1837/2024-25 DATED 24.10.2024 OF 6TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE SUBMITTED BY PETITIONER TO 6TH RESPONDENT DATED 29.10.2024.

Exhibit P12 TRUE COPY OF THE BIO-DATA OF PETITIONER (MANAGEMENT EXHIBIT NO.1).

Exhibit P13 TRUE COPY OF ORDER OF SUSPENSION NO.DA/DGM(CP)/184/1910/2024-25 DATED 1.11.2024 OF 6TH RESPONDENT (MANAGEMENT EXHIBIT NO.2). WP(C) NO. 4550 OF 2025

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Exhibit P14 TRUE COPY OF THE WHATSAPP MESSAGE (MANAGEMENT EXHIBIT NO.3) SENT TO IIND LINE MANAGERS ON 7.9.2024.

Exhibit P15 TRUE COPY OF THE LIST OF IIND LINE MANAGERS AND REGIONAL OFFICE OFFICIALS WHO ATTENDED THE REVIEW MEETING HELD ON 7.9.2024 (MANAGEMENT EXHIBIT NO.4).

Exhibit P16 TRUE COPY OF LETTER NO.RO/EKM/PLN/ /2024-25 DATED 15.11.2024 (MANAGEMENT EXHIBIT NO.5).

Exhibit P17 TRUE COPY OF THE REPLY SUBMITTED BY PETITIONER DATED 13.11.2024 (MANAGEMENT EXHIBIT NO.7).

Exhibit P18 TRUE COPY OF THE LETTER OF 4TH RESPONDENT TO 5TH RESPONDENT DATED 6.12.2024 (MANAGEMENT EXHIBIT NO.8).

Exhibit P19 TRUE COPY OF THE LETTER OF CHIEF MANAGER TO 6TH RESPONDENT DATED 6.12.2024 (MANAGEMENT EXHIBIT NO.9).

Exhibit P20 TRUE COPY OF THE PRESENTING OFFICER'S BRIEF WITH REGARD TO THE MEMORANDUM OF ALLEGATIONS AND ARTICLES OF CHARGES DATED 13.12.2024.

Exhibit P21 TRUE COPY OF THE DEFENCE BRIEF SUBMITTED BY THE DEFENCE REPRESENTATIVE WITH REGARD TO THE ALLEGED CHARGES TO 5TH RESPONDENT DATED 21.12.2024.

Exhibit P22 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY 6TH RESPONDENT DATED 30.12.2024.

Exhibit P23 TRUE COPY OF THE OBJECTION OF PETITIONER TO THE FINDINGS OF INQUIRY AUTHORITY DATED 6.1.2025 TO 6TH RESPONDENT.

Exhibit P24 TRUE COPY OF ORDER NO.DO/DGM(CP):DA2525:2024-25 OF 6TH RESPONDENT DATED 9.1.2025.

Exhibit P25 TRUE COPY OF ORDER DATED 10.1.2025 OF 2ND RESPONDENT.

Exhibit P26 TRUE COPY OF THE E-MAIL COMMUNICATION DATED NIL.