IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.16950 OF 2017 (S-RES) Between:
Sri.Chandrakanth Manavalli, S/o Kashappa, Aged about 57 years, Formerly working as Manager, Canara Bank (now illegally inflicted with the Penalty of Compulsory Retirement and Residing at No.200, 7th Cross, Omkar Nagar, Off: Bannerghatta Road, Bengaluru-76.
(By Sri.M.Subramanya Bhat, Advocate) And:
1. Canara Bank, Head Office, No.112, J.C.Road, Bengaluru-02, By the Managing Director.
…Petitioner 2. The Assistant General Manager, And the disciplinary authority, Human Resources Management Section, Canara Bank, Circle Office, Bangalore Metro Spencers Towers, No.86, M.G.Road, Bengaluru-01.
3. Deputy General Manager and Appellate Authority, Human Resources Wing, Canara Bank, Head Office, No.112, J.C.Road, Bengaluru-02.
4. General Manager and Reviewing authority, Human Resources Wing, Canara Bank, Head Office, No.112, J.C.Road, Bengaluru-02.
(By Sri.T.P.Muthanna, Advocate) ...Respondents This Writ Petition is filed under Articles 226 and 227 of Constitution of India praying to (a) quash the order dated 27.10.2014 passed by R-2 at Annexure-L and etc., This Writ Petition coming on for Preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER In the present petition petitioner has sought for the following reliefs;
(a) Issue writ of certiorari or any other appropriate writ or order to quash the following orders:
(i) Order bearing reference No.BLCM/HRM/DA/22/2014 passed by the second respondent (Anneusre-L);
(ii) Order bearing No.NIL dated 20.05.2015 passed by the third respondent (Annexure-N);
(iii) Order bearing No.NIL dated 14.12.2015 passed by the fourth respondent (Annexure-Q); As the same are opposed to principles of natural justice, illegal, arbitrary, unconstitutional and violative of Articles 14, 16, 19 and 21 of the Constitution of India; and (b) Issue writ of mandamus directing the respondents to reinstate the petitioner in the post of Manager in Canara Bank and extend him all consequential benefits like pay, increment, seniority, promotion and also arrears of salary which he is legally entitled as if there is no penalty of dismissal; and (c) Grant such other appropriate writ, order or direction as this Hon’ble Court deems fit in the facts and circumstances of the case including the cost, in the interest of justice and equity.”
This Writ petition is allowed in terms of order of WP.No.2368/2017. The impugned orders dated 27.10.2014 at Annexure-L, 20.05.2015 at Annexure-N and dated 14.12.2015 at Annexure-Q are quashed.
Respondents are directed to take a fresh decision in terms of the order passed in W.P.No.2368/2017 within a period of two months from the date of receipt of this order.
Sd/- JUDGE SB