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Alok Ranjan

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

Shaffique, J.
The petitioner in W.P.(C) No.495 of 2013 has filed this appeal challenging the judgment dated 24.10.2014. The Writ Petition has been filed seeking to set aside Ext.P3 order which according to the petitioner is without jurisdiction and to declare that the petitioner has not committed any misconduct and the disciplinary proceedings against the petitioner is ab initio void. Ext.P3 is an intimation dated 15.12.2012 issued by the 2nd respondent Bank to the petitioner intimating him that as per the charge sheet dated 09.10.2012, departmental enquiry was directed to be conducted. According to the petitioner, the same is without jurisdiction. The aforesaid contention was denied by the respondents by filing counter affidavit.
2. The learned Single Judge did not find it necessary to exercise its jurisdiction under Article 226 of the Constitution of India. From the allegations raised by the petitioner, the only question that was considered was whether there is any violation of natural justice. The learned Single Judge has observed that the enquiry shall be conducted in accordance with the principles of natural justice and appropriate directions has been issued.
3. Having heard learned counsel for the appellant and having perused the records, we do not think that this Court should interfere with the disciplinary proceedings initiated against the petitioner, as to whether the petitioner was involved in any misconduct or whether the authorities has jurisdiction to initiate disciplinary action which are matters to be considered subsequent to the completion of proceedings. This Court in exercise of jurisdiction under Article 226 of the Constitution having not exercised its discretion to interfere with the disciplinary proceedings, we do not think that the appellate jurisdiction can be exercised to do otherwise. Hence we do not find any ground to interfere with the judgment of learned Single Judge and accordingly the appeal is dismissed. The time granted by learned Single Judge is extended by a period of one week.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/11/11
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Title

Alok Ranjan

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri