CHANDRASHEKAR S/O KOTILINGAM NERELLA v. THE MANAGEMENT OF SYNDIATE BANK
WP/115953/2019 · 2025-02-14
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4168 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4168 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:3002 WP No. 115953 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 115953 OF 2019 (S-DIS)
BETWEEN:
CHANDRASHEKAR S/O KOTILINGAM NERELLA, AGE ABOUT: 39 YEARS, OCC: NIL, RESIDING AT: H.NO.71, JANATA COLONY, GADAG ROAD, HUBBALLI -580020.
…PETITIONER (BY SRI S. Y. KOPPAR, ADVOCATE FOR SRI SBHINANDAN HIREMATH, ADVOCATE)
AND:
1.
THE MANAGEMENT OF SYNDIATE BANK, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER (P)/ COMPETENT AUTHORITY SYNDICATE BANK, HEAD OFFICE: MANIPAL, DIST: UDUPI- 576101.
2.
ASSISTANT GENERAL MANAGER AND DISCIPLINARY AUTHORITY, SYNDICATE BANK, REGIONAL OFFICE,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
NC: 2025:KHC-D:3002 WP No. 115953 of 2019
SIRSI- 581401.
3.
THE MANAGEMENT OF SYNDICATE BANK, REPRESENTED BY ITS GENERAL MANAGER (HR), APPELLATE AUTHORITY, SYNDICATE BANK, CORPORATE OFFICE, BENGALURU- 560001.
…RESPONDENTS
(BY SRI SURESH S. GUNDI, ADVOCAE FOR R2)
THIS WIRT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO (A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE
ORDER OF RESPONDENT NO.3 DISMISSING THE APPEAL OF THE PETITIONER IN REF NO. 14/2019/HRD:IRD (W)/DA-7 DATED 26.08.2019 AT ANNEXURE-N BY CONFIRMING THE
ORDER OF DISCIPLINARY AUTHORITY. (B) ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO REINSTATE THE PETITIONER BACK INTO SERVICE WITH FULL BACK WAGES WITH CONTINUITY OF SERVICE WITH ALL CONSEQUENTIAL BENEFITS. (C) SUCH OTHER RELIEFS AS THE COURT DEEMS FIT, INCLUDING AN
ORDER AS COSTS, BE PASSED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
NC: 2025:KHC-D:3002 WP No. 115953 of 2019
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court calling in question an order dated 26.08.2019, by which as a measure of penalty the petitioner is compulsory retired from service.
2. The petitioner is in the cadre of a clerk is an undisputed fact and he is a workman as obtaining under the Industrial Disputes Act. If the petitioner has to call in question the order of compulsory retirement against him, it is the appropriate forum would be the Industrial Tribunal by raising an appropriate dispute or seeking a reference from the hands of the Government of India.
3. In that light, I deem it appropriate to dispose the petition reserving liberty to the petitioner to avail of the remedy of raising a dispute before the appropriate Industrial Tribunal.
4. Since the dismissal is of the year 2014. In the event, the dispute is preferred before the appropriate
- 4 -
NC: 2025:KHC-D:3002 WP No. 115953 of 2019
Industrial Tribunal, I deem it appropriate to direct the Tribunal to conclude the dispute within an outer limit of six months in accordance with law. All contentions that are urged before this Court the parties would be at liberty to urge them before the Concerned Court. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
RHR/- List No.: 1 Sl No.: 7