Madras High Court
General Manager (Hr) vs K. Poovarasan on 9 September, 2025
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A No. 2693 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2025
CORAM
THE HON'BLE MR JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
W.A No. 2693 of 2025
AND
CMP.No. 21687 of 2025
1. General Manager (HR)
Appellate Authority,
Syndicate Bank, Corporate Office,
Bengaluru.
2.Deputy Regional Manager & Disciplinary
Authority,
Chennai Regional Office,
Leelavathi Building, I Floor,
No. 69, Armenian Street,
Chennai-600001. ..Appellants
Vs
K. Poovarasan ..Respondent
1
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W.A No. 2693 of 2025
Writ Appeal is filed under Clause 15 of Letter Patent to set aside the
order dated 16.04.2025 passed in W.P.No. 25553 of 2019.
For Appellants: Mr.P.Ragunathan
For T.S.Gopalan and Co.
For Respondents : Mr. M.Vijayan
For M/s. K. Justin Selvakumar
JUDGMENT
(HEMANT CHANDANGOUDAR, J.)
This intra-court appeal assails the order dated 16.04.2025 passed by the
learned Single Judge in W.P. No. 25553 of 2019. By the said order, the order
passed by the appellant dismissing the respondent/writ petitioner from service,
which had been modified by the appellate authority as discharge from service
with superannuation benefits, was set aside.
2. Disciplinary enquiry was initiated against the respondent/writ
petitioner on the ground that, at the time of securing employment, he had
deliberately suppressed the fact that he had passed 10+2 and a B.Com degree
before 2006, and disclosed only that he had passed 10th standard, thereby
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fraudulently securing employment. The charge framed against the
respondent/writ petitioner was held proved by the enquiry officer. After issuing
a second show cause notice and receiving further reply from the respondent, the
disciplinary authority passed an order dismissing him from service. The said
order of dismissal was challenged before the appellate authority, which
modified the penalty to discharge from service with superannuation benefits.
The impugned order passed by the appellate authority was challenged before
this Court in W.P. No. 25553 of 2019. The learned Single Judge, by order dated
16.04.2025, set aside the order passed by the appellate authority, which is under
challenge in this intra-court appeal.
3. Mr. R. Ranganathan, learned counsel for the appellant, submitted that
the respondent/writ petitioner, by suppressing the fact that he was overqualified
for the post of Attender and misrepresenting at the time of appointment that he
had only passed 10th standard, deprived other eligible candidates of the
opportunity for appointment to the said post. Therefore, the omission to
disclose or the suppression of higher qualifications resulted in fraudulently
obtaining appointment, and hence, the order of the learned Single Judge is not
legally sustainable.
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4. In support of his submission, learned counsel placed reliance on the
decision of the Hon’ble Supreme Court in Chief Manager, Punjab National
Bank and Another v. Anit Kumar Das [(2021) 12 SCC 80].
5. In response, Mr. M. Vijayan, learned counsel for the respondent,
argued that the alleged misrepresentation/suppression had not resulted in
fraudulently securing employment, as the offer of employment did not prescribe
any condition that the candidate must not possess a higher qualification than
10th standard. Since the alleged suppression of higher qualification did not
cause any prejudice to the management or to any other eligible candidates, the
learned Single Judge, having rightly considered the same, set aside the order,
and the impugned order does not warrant interference.
6. The arguments of the learned counsel for both parties and the materials
placed on record have been duly considered.
7. In the declaration dated 21.07.2012 submitted by the respondent/writ
petitioner, he declared that he belonged to Adi Dravida Caste, had passed 10th
standard, and was working as a temporary Attender in Syndicate Bank from
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December 2010 till date. The same is also reflected in the attestation form dated
17.08.2012. Clause 9 of the appointment letter dated 10.08.2012 issued by
Syndicate Bank states that if it is later found that any information furnished by
the respondent is incorrect, his services will be terminated without notice as per
the rules of the Bank. It cannot be said that the statement in the declaration that
he had passed 10th standard was incorrect. However, in his reply dated
20.10.2015 addressed to the Deputy General Manager of the appellant Bank,
the respondent stated that, at the time of interview held on 12.04.2010, he was
under the impression that submitting the SSLC mark sheet would suffice and
that the +2 and Degree certificates were not relevant to the officials. In these
circumstances, in the subsequent declaration filed at the time of securing
permanent employment, he disclosed that he possessed +2 and B.Com degree
qualifications. In his communication dated 04.02.2018 to the Deputy General
Manager, Syndicate Bank, he further stated that when his name was registered
at the employment exchange in 1998, he had passed 8th standard and was
qualified for recruitment as Sub-Staff but was not listed in Syndicate Bank.
Between 1998 and 2012, over a span of 14 years, he pursued his education,
passed SSLC, and also acquired a B.Com degree.Moreover, the writ petitioner
was sponsored by the Employment Exchange , and was appointed as attender
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on temporary basis till he was permanently absorbed.
8. Though the writ petitioner admits to having acquired higher
qualifications, namely +2 and B.Com, non-disclosure of the same did not result
in fraudulently securing employment, since the Bank has not produced any
material to show that candidates possessing +2 or B.Com degree were
ineligible for employment and that only candidates with SSLC qualification,
without higher qualifications, were eligible for appointment.
9. In the decision relied upon by the appellant, Chief Manager, Punjab
National Bank (supra), the facts were entirely different. In that case, the
prescribed qualification was +2 or its equivalent and the candidate should not
have been a graduate as on 01.01.2016. The respondent therein, being a
graduate, suppressed the same, applied for the post, and secured employment.
Therefore, the candidate therein had deliberately and wilfully suppressed the
fact of his graduation, and had it been disclosed, he would not have been
considered for appointment as Peon in the Bank. Thus, the facts of the present
case are entirely different, and the principles enunciated therein are
distinguishable and inapplicable here. The other decisions relied upon by the
appellant, namely Kerala Solvent Extractions Ltd. v. A. Unnikrishnan and
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Another [(2016) 13 SCC 619] and P. Sudalaimuthu v. Union Bank of India,
rep. by its Senior Manager, Field General Manager’s Office, Chennai and
Another [(2017) 1 LLJ 387], are also not relevant as the facts involved there are
entirely different. Those decisions cannot be pressed into service in the present
case.
10. In light of the foregoing discussion, we find no infirmity in the order
passed by the learned Single Judge. The learned Single Judge, after considering
the facts of the case in proper perspective, has rightly set aside the order, and
the same does not warrant interference.
11. Accordingly, the intra-court appeal is dismissed as devoid of merits.
Consequently, the connected Miscellaneous Petition is closed. There shall be
no order as to costs.
(R.S.K. J.,) (H.C. J.,)
09.09.2025
Index : Yes / No
Internet : Yes/No
Neutral Citation : Yes / No
ak
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R. SURESH KUMAR, J.
and
HEMANT CHANDANGOUDAR, J.,
ak
09.09.2025
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