Madras High Court
R.Geethanjali vs The Deputy General Manager on 1 September, 2021
Writ Appeal No.233 of 2018
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
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.
For Appellants : Mr.S.Ilamvaludhi
For Respondent : Mr.Anand Gopalan,
for M/s.T.S.Gopalan & Co.
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.233 of 2018
JUDGMENT
(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:
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.233 of 2018
“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
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.233 of 2018
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.
[S.V.N.,J.] [A.A.N.,J.]
01.09.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.233 of 2018
S.VAIDYANATHAN,J.
AND
A.A.NAKKIRAN,J.
(aeb)
Judgment in
WRIT APPEAL No.233 OF 2018
01.09.2021
https://www.mhc.tn.gov.in/judis/
