Document Fragment View

Matching Fragments

This Writ Petition has been filed seeking for a Writ of Certiorari, to call for the records connected with the order of the first respondent made in T.S.E.1/5/2014 dated 22.06.2017 and quash the same.

2. The case of the petitioner is that, the second respondent joined the service of the petitioner Bank on 25.07.1997 as Assistant Manager and was confirmed as Assistant Manager on 25.05.1998 and was subsequently, promoted as Manager in the year 1999, Assistant Vice President in the year 2004 and Vice President in the year 2008 and he served in the same position till his termination. Whileso, a complaint was received as against the second respondent from one whistle-blower, namely Arjun Chowdhry, who was the then Director & Officiating Country Business Manager of the petitioner Bank. The sum and https://www.mhc.tn.gov.in/judis substance of the said complaint as against the second respondent is that, conflict of interest, favoritism, collusion and kickback, bribery and corruption and violation of Citi Code of Conduct of the petitioner Bank. Immediately, thereafter, the second respondent was placed under suspension on 23.01.2014, pending the investigation conducted by City Security and Investigative Services (in short 'CSIS').

2.2. Before the first respondent, Ex.R1 to Ex.R13 were marked on behalf of the petitioner Bank and Ex.A1 to Ex.A10 were marked on behalf of the second respondent. The first respondent, after adjudication, set aside the termination order passed by the petitioner Bank. Challenging the same, the above writ petition has been filed.

3. The learned counsel for the petitioner Bank submits that, the second respondent joined the petitioner Bank in the year 1997 as Assistant Manager and he served as Vice President from the year 2008 to till the date of termination. On 24.12.2013, a complaint was received from a whistle-blower against the second respondent, in which, 15 allegations such as conflict of interest, favoritism, collusion and kickback, bribery and corruption and also possession of disproportionate https://www.mhc.tn.gov.in/judis assets were alleged. Thereafter, the CSIS conducted an investigation with the second respondent on 31.01.2014 and submitted a report dated 13.03.2014 in respect of some of the aspects under investigation and a supplementary report dated 16.04.2014 in regard to the aspects not covered by the first report. During the interview, the second respondent admitted that he had not followed the procedures of the petitioner Bank. Based on the findings of the CSIS, the petitioner Bank issued a charge sheet dated 30.05.2014, pursuant to which, the second respondent submitted his reply dated 06.06.2014. Thereafter, the petitioner Bank issued another letter dated 27.06.2014 with amended charges and the second respondent submitted his explanation on 05.07.2014. Based on the admission of the second respondent during the interview conducted by the CSIS, the order of termination dated 14.07.2014 was passed by the petitioner Bank.

11. Heard the learned counsel for the parties and perused the materials available on record.

12. Admittedly, in the year 1997, the second respondent was employed as an Assistant Manager in the petitioner Bank and was lastly employed as Vice President from the year 2008 till his date of https://www.mhc.tn.gov.in/judis termination. In the year 2013, a complaint was made against the second respondent as if he acted upon conflict of the interest of the petitioner Bank and extended undue favoritism in favour of the petitioner Bank's vendor, namely M/s.V & M Prints Pvt. Ltd., they in turn, extended monetary benefits to the company of the second respondent's wife and brother-in-law, namely M/s.Coronet Designs Pvt. Ltd. Further allegation made against the second respondent is that, collusion, kickback, bribery which is in violation of Citi Code of Conduct resulting in the second respondent being placed under suspension. Subsequently, an interview was conducted by CSIS on 31.04.2014. Thereafter, pursuant to the report submitted by the CSIS submitted on 30.05.2014, an additional charge memo was issued and upon receipt of explanation, the second respondent was terminated from service.