CHENNAI: An order passed by the disciplinary authority of Indian Bank, favouring a second inquiry against a cashier-cum-clerk into charges of misconduct, has been set aside by the Madras High Court.
Justice V. Dhanapalan, passing orders on a writ petition filed by K.C. Subbiah, said though normally the court would not act as an appellate authority on the authority’s order for conducting fresh inquiry, he was constrained to pass the order in view of the “peculiar nature” of the case.
The petitioner was facing two charges – he gained monetary advantage fraudulently and caused misuse of loan facility granted to a borrower; though he was aware of the unfair practice of window dressing of deposit figures by the then branch manager, he failed to inform the authorities concerned.
While the first charge could not be proved, the inquiry officer held him guilty of the second charge. Though the inquiry officer gave his findings in January 2002, nothing transpired till October 2003 and he had to “languish under the unwarranted suspension inflicted upon him.”
In his order, Mr. Justice Dhanapalan said no proper reason was assigned by the disciplinary authority for keeping the findings pending for more than 18 months.
Also, with the second charge having been proved, it was open to the authority to take action against the petitioner based on the charges, he said.
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