Telangana High Court
Dy.General Manager,Syndicate Bank ... vs Dasari Srinivas,Miyapur,Hyderabad49 on 7 March, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
TUESDAY, THE EIGHTEENTH DAY OF AUGUST,
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
AND
THE HON'BLE MRS JUSTICE ANIS
WA .NO: 435 of 2015
(Writ Appeal under Clause 15 of the Letter Patent Rules filed against order,
passed by the learned Single Judge in WP.No.4860 of 2003, dated 31-07-2014
on the file of the High Court)
Between:
1 Deputy General Manager,
Syndicate Bank, Zonal office, Somajiguda, Hyderabad
2 General Manager,
Syndicate Bank, Industrial Relations Division, Manipal.
..... Appellants/
Respondents
AND
Dasari Srinivas, S/o.Suryarao, aged 61 years, Retired employee, R/o.Plot
No.15, 2nd Face, JPN colony, Miyapur, Hyderabad-49.
.....Respondent/
Petitioner
The Appeal coming on for hearing, upon perusing the Memorandum of
grounds filed herein and upon hearing the arguments of Sri A. Krishnam Raju,
Advocate for the Appellants and Sri Ganta Rama Rao, learned Senior Counsel
on behalf of Sri Mohd. Islamuddin Ansari, learned counsel for the Respondent,
the Court made the following
ORDER:
Heard Sri A.Krishnam Raju, learned counsel for the bank and Sri Ganta Rama Rao, learned senior counsel on behalf of the learned counsel for the respondent/writ petitioner.
Though the learned Single Judge has set aside the major punishment imposed by the appellant-bank on the respondent and also directed payment of back wages by treating the writ petitioner to have continued in service till attaining the age of superannuation, we find that an order for payment of back wages should be based upon the consideration of the relevant factors.
Insofar as the order of reinstatement or a declaration that the writ petitioner should be treated to have continued in service till he attained the age of superannuation appears to be a fair conclusion reached by the learned Single Judge in view of the fact that indebtedness, at best, is liable to be treated as a minor misconduct and only after punishment is received on three occasions, it would fructify into a major misconduct as per Sastri award. Therefore, we grant stay only in respect of back wages.
Contd...2/P Post the Writ Appeal after fortnight for admission.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 Dasari Srinivas, S/o.Suryarao, R/o.Plot No.15, 2nd Face, JPN colony, Miyapur, Hyderabad-49. (By RPAD) 2 One CC to Sri A. Krishnam Raju, Advocate (OPUC) 3 Two spare copies.
nnr HIGH COURT NRR,J & ANIS,J DATED: 18-08-2015 NOTE: Post after fortnight for admission ORDER WA. NO. 435 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 20-08-2015 NRR,J & ANIS,J DATED: 18-08-2015 NOTE: Post after fortnight for admission ORDER WA. NO. 435 OF 2015 DIRECTION