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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 35247 OF 2024 PETITIONER/S:
LEENA JAYAN, AGED 49 YEARS WIFE OF K B UDAYAKUMAR, CHIEF MANAGER, STATE BANK OF INDIA, PALARIVATTOM BRANCH, ERNAKULAM, KERALA- PERMANENTLY RESIDING AT KUNNUVILA HOUSE, ATTUVASSERY, MAVADY P O, KOLLAM, KERALA, PIN - 691507
RESPONDENT/S: 1 STATE BANK OF INDIA, REPRESENTED BY ITS CHAIRMAN, CORPORATE CENTRE, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA, PIN - 400021
2 THE APPELLATE COMMITTEE REPRESENTED BY ITS CONVENOR, APPEALS AND REVIEW DEPARTMENT, STATE BANK OF INDIA, CORPORATE CENTRE, 8TH FLOOR, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA, PIN - 400021
3 THE GENERAL MANAGER AND DISCIPLINARY AUTHORITY STATE BANK OF INDIA, DISCIPLINE MANAGEMENT HUB, STATE BANK BUILDING, 7TH FLOOR, 157, ANNA SALAI, CHENNAI, TAMIL NADU, PIN - 600002
4 THE REGIONAL MANAGER, REGIONAL BUSINESS OFFICE-III, STATE BANK OF INDIA, THIRUVALLA, PATHANAMTHITTA, KERALA, PIN - 689101
5 THE REGIONAL MANAGER REGIONAL BUSINESS OFFICE-I, REGIONAL ERNAKULAM ADMINISTRATIVE OFFICE, 6TH OFFICE, SHANMUGHAM ROAD, ERNAKULAM, KOCHI, KERALA, PIN - 682031
BY ADV AMAL GEORGE SC THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The present writ petition has been filed by the petitioner impugning the decision of the Disciplinary Authority and the Appellate Authority inflicting the punishment of reduction to a lower stage in the time scale of pay by one stage for one year without cumulative effect. 2. The learned Counsel for the petitioner submits that the petitioner has the remedy of filing a review against the decision taken by the Appellate Authority under the Service Rules, and the petitioner would like to avail the remedy of review. 3. The learned Counsel for the respondent Bank submits that the writ petition was argued at length, and at this stage, the petitioner wants to file the review, which is not proper. However, he leaves it to the discretion of the Court to pass necessary orders. 4. Considering the aforementioned facts, the present writ petition is dismissed as withdrawn. The petitioner is free to file a review against the order passed by the Appellate Authority before the
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competent authority within fifteen days from today. If the petitioner files the review against the decision of the Appellate Authority, the authority concerned will decide the review on merit without going into the question of limitation, expeditiously. The writ petition stands withdrawn with the aforementioned liberty. All Interlocutory Applications as regards interim matters stand closed. Sd/- D. K. SINGH JUDGE jjj
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APPENDIX OF WP(C) 35247/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CIRCULAR NO. PSB 58 OF 2014 DATED 09.08.2014 ISSUED BY THE STATE BANK OF TRAVANCORE
Exhibit P2 A TRUE COPY OF THE CIRCULAR NO. PSB/3/2015 DATED 02.01.2015 ISSUED BY THE STATE BANK OF TRAVANCORE
Exhibit P3 A TRUE COPY OF THE CIRCULAR NO. ORG/4/2015 DATED 13.05.2015 ISSUED BY THE STATE BANK OF TRAVANCORE
Exhibit P4 A TRUE COPY OF THE TITLE INVESTIGATION REPORT DATED 05.05.2016 ISSUED BY ADV. RACHEL THOMAS
Exhibit P5 A TRUE COPY OF THE REPORT DATED 06.05.2016 SUBMITTED BY SRI V K SIVANKUTTY, THE APPROVED VALUER, SBT
Exhibit P6 A TRUE COPY OF THE DETAILED ESTIMATE FOR THE PROPOSED EXISTING BUILDING MAINTENANCE WORK FOR MR MATHEW THOMAS, PREPARED BY SRI SANTHOSH KUMAR K, THE LICENSED SUPERVISOR B’
Exhibit P7 A TRUE COPY OF THE DETAILED ESTIMATE FOR THE PROPOSED EXISTING BUILDING MAINTENANCE WORK FOR MR MATHEW THOMAS, PREPARED BY SRI JOSEPH MATHEW, REGISTERED ARCHITECT
Exhibit P7(a) A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 02.05.2016 FORM SUBMITTED BY MR MATHEW THOMAS ALONG WITH THE APPRAISAL DATED 12.05.2016/RECOMMENDATION OF THE PETITIONER
Exhibit P8 A TRUE COPY OF THE LETTER NO.
AGM IV/K/48 DATED 19.08.2016 ISSUED BY THE ASSISTANT GENERAL MANAGER, REGIONAL OFFICE, SBT, THIRUVALLA
Exhibit P9 A TRUE COPY OF THE VALUATION REPORT DATED 09.09.2016 SUBMITTED BY MR M S SHAJ, THE APPROVED ENGINEER AND VALUER
Exhibit P10 A TRUE COPY OF THE PRE SANCTION INSPECTION CUM VALUATION REPORT DATED 07.10.2016 PREPARED BY THE ASSISTANT MANAGER
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AND COUNTERSIGNED BY THE PETITIONER
Exhibit P11 A TRUE COPY OF THE LETTER NO. AGM/IV/K DATED 09.12.2016 SUBMITTED BY THE PETITIONER TO THE ASSISTANT GENERAL MANAGER, REGIONAL OFFICE, THIRUVALLA
Exhibit P12 A TRUE COPY OF THE NOTICE DATED 17.12.2019 ISSUED TO MR MATHEW THOMAS, MRS ANNAMMA VARGHESE AND MR GEORGE THOMAS BY THE AUTHORISED OFFICER, RASMEC, THIRUVALLA
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF THE INFORMATION SHEET CUM CHECKLIST TO BE FURNISHED BY THE TRANSFERRING BRANCH FOR THE PURPOSE OF MIGRATION OF/ TRANSFER OF CONTROL OF NPA/AUCA TO SAMG DATED 19.08.2020
Exhibit P14 A TRUE COPY OF THE RELEVANT PART OF THE EMAIL DATED 25.08.2020 FROM MR PRATHEESH TO THE SBI OTHERA BRANCH
Exhibit P15 A TRUE COPY OF THE VALUATION REPORT DATED 09.10.2020 OF MR BALANANDAN, THE CHARTERED ENGINEER SUBMITTED TO THE SBI RASMEC THIRUVALLA
Exhibit P16 A TRUE COPY OF THE LETTER NO. SBI/SARB/TVM/JMS/2021-22 DATED 30.09.2021 ISSUED BY THE CHIEF MANAGER, SARB, THIRUVANANTHAPURAM
Exhibit P17 A TRUE COPY OF THE VALUATION REPORT DATED 27.06.2022 SUBMITTED BY DR. VIVISH THOMAS, CHARTERED ENGINEER TO THE SARB THIRUVANANTHAPURAM BRANCH ALONG WITH THE RETYPED COPY OF THE RELEVANT PAGE
Exhibit P18 A TRUE COPY OF THE MEMORANDUM DATED 04.01.2023 TO SARCC IV, SARB THIRUVANANTHAPURAM
Exhibit P19 A TRUE COPY OF THE RESOLUTION IN MEETING NO. 2022- 23/53 DATED 04.01.2023 OF THE SARB, THIRUVANANTHAPURAM
Exhibit P20 A TRUE COPY OF THE SALE NOTICE NO. SARB/JMS/E-AUC/2583/22-23 DATED 13.02.2023 ISSUED BY THE AUTHORISED OFFICER
Exhibit P21 A TRUE COPY OF THE LETTER NO. DM HUB (S)/TRI/VSU/2023-24/521 DATED 05.06.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P22 A TRUE COPY OF THE LETTER NO. RM/RBO-1/EKM/741/13/21 DATED
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10.07.2023 ISSUED BY THE MANAGER (HR) ALONG WITH LETTER NO. RM/RBO-3/TVLA/11/563/8 DATED 01.07.2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P23 A TRUE COPY OF THE EXPLANATION DATED 15.07.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT
Exhibit P24 A TRUE COPY OF THE LETTER NO.
DM HUB (S)/TRI/RAG/2023-24/1448 DATED 05.09.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P25 A TRUE COPY OF THE REPLY DATED 13.09.2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P26 A TRUE COPY OF THE LETTER NO. DM HUB (S)/TRI/RAG/2023-24/1685 DATED 25.09.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P27 A TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED BY THE PRESENTING OFFICER ON 15.11.2024
Exhibit P28 A TRUE COPY OF THE PROCEEDINGS OF THE PRELIMINARY HEARING CONDUCTED ON 15.11.2023
Exhibit P29 A TRUE COPY OF THE PROCEEDINGS OF THE DOMESTIC ENQUIRY HEARING HELD ON 24.11.2023
Exhibit P30 A TRUE COPY OF THE COMPILATION OF THE EMAIL SENT BY THE PETITIONER TO MRS PUSHPAKALA AND THE REPLY TO THE SAID EMAIL BY MRS PUSHPAKALA
Exhibit P31 A TRUE COPY OF THE PROCEEDINGS OF DOMESTIC ENQUIRY HEARING HELD ON 16.12.2023
Exhibit P32 A TRUE COPY OF THE WRITTEN BRIEF DATED 24.12.2023 SUBMITTED BY THE PRESENTING OFFICER
Exhibit P33 A TRUE COPY OF THE DEFENCE SUBMITTED BY THE PETITIONER ON 30.12.2023
Exhibit P34 A TRUE COPY OF THE LETTER NO. DM HUB (S)/TRI/RAG/2023-24/3195 DATED 14.02.2024 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT
Exhibit P35 A TRUE COPY OF THE REPLY DATED 22.02.2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT
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Exhibit P36 A TRUE COPY OF THE ORDER NO. DM HUB (S)/TRI/RAG/2023-24/3700 DATED 30.03.2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P37 A TRUE COPY OF THE APPEAL DATED 11.05.2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P38 A TRUE COPY OF THE ORDER DATED 24.07.2024 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE LETTER NO. RM1/HR/855/11/27 DATED 23.08.2024 ISSUED BY THE 5TH RESPONDENT
RESPONDENT EXHIBITS
exhibit R1(A) True photocopy of the estimate dated 14/12/2016 for the proposed existing building maintenance work prepared by Joseph Mathew.