Kerala High Court
State Bank Of Travancore vs K.P.Kiran Kumar on 8 December, 2016
Author: Mohan M. Shantanagoudar
Bench: Mohan M.Shantanagoudar, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938
WA.No. 118 of 2017 () IN WP(C).38150/2016
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AGAINST THE JUDGMENT IN WP(C) 38150/2016 DATED 08-12-2016
APPELLANT(S):
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STATE BANK OF TRAVANCORE,
HEAD OFFICE, PB NO.34, POOJAPPURA,
THIRUVANANTHAPURAM-695012,
REPRESENTED BY ITS GENERAL MANAGER.
BY ADV. SRI.P.RAMAKRISHNAN, SC, STATE BANK OF TRAVANCORE
RESPONDENT(S):
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K.P.KIRAN KUMAR,
S/O.K.P.PREMAN, 3/2627A,
KALLUVACHAPURAYIL,
PUTHIYAKADAVU P.O.,
NADAKKAVE, KOZHIKODE-673 011.
R BY SRI.S.K.KRISHNAKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19-01-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
MOHAN M. SHANTANAGOUDAR, CJ
&
ANIL. K. NARENDRAN, J
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W.A. No. 118 of 2017
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Dated this the 19th day of January, 2017
J U D G M E N T
Mohan M. Shantanagoudar, CJ The judgment dated 8.12.2016 passed in W.P(C). No.38150 of 2016 is called in question in this appeal.
2. The respondent was appointed as a peon in the appellant bank. However, he was dismissed by Ext.P5 order on the ground that at the time of applying for the post, he has suppressed the material particulars relating to his involvement in a criminal case.
3. Thus in effect, Ext.P5 order of termination came to be issued against the respondent for concealment and for making false declaration at the time of obtaining appointment. The learned Single Judge, relying upon the judgment of the Apex Court in Avtar Singh v. Union of India [(2016) 8 SCC 471], set aside Ext.P5 order and directed the Bank to pass fresh orders after considering the dictum laid down by the Apex Court mentioned supra and after hearing the respondent. W.A.118/17 2
4. The Apex Court, in the case of Avtar Singh v. Union of India, had occasion to consider the circumstances under which a false declaration would be material for the purpose of termination of services of an employee. In that view of the matter, the learned Single Judge by exercising judicial discretion directed the Bank to reconsider the matter keeping in mind the observations made by the Apex Court in the aforementioned judgment.
5. There cannot be any dispute that the matter needs to be reconsidered by the Bank in the light of the verdict laid down by the Apex Court in Avtar Singh v. Union of India. However, in our considered opinion, the learned Single Judge is not justified in quashing Ext.P5 termination order while directing the Bank to reconsider the matter, since, prima facie it is proved that there is concealment of material fact. Hence we propose to set aside the portion of the judgment passed by the learned Single Judge quashing Ext.P5 order.
6. No prejudice or injustice will be caused to either of the parties, much less to the respondent if the case is reconsidered by the Bank keeping in tact Ext.P5 order. In case the Bank decides in favour of the respondent after hearing him and after W.A.118/17 3 reconsidering the matter, the consequences of reinstatement of the respondent would follow. But till such time, the respondent cannot be allowed to work as an employee.
Accordingly, we set aside the portion of the judgment of learned Single Judge quashing Ext.P5 order. We make it clear that Ext.P5 order remains on record. However, the direction issued to the Bank to reconsider the matter afresh in the light of the judgment of Apex Court in the case of Avtar Singh v. Union of India mentioned supra stands confirmed. Such consideration shall be made by the Bank on merits, after hearing the respondent, as early as possible but not later than the outer limit of one month from the date of receipt of a copy of this order.
Sd/-
Mohan M. Shantanagoudar, Chief Justice Sd/-
Anil. K. Narendran, Judge sou.20/1.
// True copy // P.A. To Judge