- 1 - NC: 2025:KHC-D:955 WP No. 62920 of 2012 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 62920 OF 2012 (S-RES) BETWEEN: SURESH S/O. RAMAPPA KATTIMANI AGE: 55 YEARS, OCC: CLERK R/O. MAHANTNAGAR NEAR IB, HUNGUND TOWN, DIST: BAGALKOT. …PETITIONER (BY SRI. SAJID GOODWALA, AND SRI. JAGADISH PATIL, ADVOCATES) AND: 1. THE GENERAL MANAGER,/ APPELLATE AUTHORITY PERSONNEL DEPARTMENT, IR DIVISION, SYNDICATE BANK HEAD OFFICE, MANIPAL- 576104 2. THE ASSISTANT GENERAL MANAGER, DISCIPLINARY AUTHORITY, PERSONNEL AND IR SECTION, SYNDICATE BANK REGIONAL OFFICE, BIJAPUR. 3. THE BRANCH MANAGER, SYNDICATE BANK REGIONAL OFFICE, AMINGAD. …RESPONDENTS (BY SRI. GOPAL.B.PATIL, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO: ISSUE WRIT OF VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.22 11:00:49 +0530 - 2 - NC: 2025:KHC-D:955 WP No. 62920 of 2012 MANDAMUS DIRECTING RESPONDENT NO.2 TO REINSTATE THE PETITIONER WITH FULL BACK WAGES BY ALLOWING THIS WRIT PETITION. 2. ISSUE WRIT OF CERTIORARI BY QUASHING THE ORDERS DATED: 08/12/2010 PASSED BY RESPONDENT NO.2 VIDE REF NO. 1974/0829/RIB/PC/10, i.e. ANNEXURE-G AND DATED:06/04/2011 PASSED BY THE RESPONDENT NO.1 i.e., ANNEXURE-J VIDE NO. 362/0089/PD:IRD(W)/APP-01 BY ALLOWING THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court calling in question an order of the disciplinary authority dated 08.12.2010 and the order of the appellate authority dated 06.04.2011 by which the penalty of dismissal from service is imposed upon the petitioner and said penalty comes to be affirmed by the order of the appellate authority. 2. The learned counsel appearing for the respondent-Bank would submit that statement of objections by the bank were filed on 21.11.2013 itself and it was averred that the petitioner has directly approached this Court and he ought to have knocked - 3 - NC: 2025:KHC-D:955 WP No. 62920 of 2012 at the doors of the Industrial Tribunal by raising a dispute as he is in the cadre of clerk and he is a workman as defined under the Industrial Disputes Act. 3. In that light, I deem it appropriate to dispose the petitioner reserving liberty to the petitioner to raise a dispute in accordance with law. 4. Since the petitioner has approached this Court without any delay in the year 2012 itself, I deem it appropriate to condone the delay of 13 years as on today, as the petition was pending consideration at the hands of this Court and the respondent had already filed his objections indicating the petition is not entertainable as the petitioner is a Workman and had to approach the Industrial Tribunal. 5. In the light of the aforesaid order, reserving liberty to the petitioner to avail of the remedy as observed hereinabove, the petition stands disposed. - 4 - NC: 2025:KHC-D:955 WP No. 62920 of 2012 6. The period spent during the pendency of the petition before this Court for all these years shall stand condoned. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 2 CT: GTB