High Court of KeralaSingle JudgePetition dismissed; no costs; penalty sustained.

T.M. JAYASREE v. ASST. GENERAL MANAGER, STATE BANK OF TRAVANCORE, REGION IV, PALAKKAD; STATE BANK OF TRAVANCORE; CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, ERNAKULAM

Case / Petition Number:WP(C).No. 15542 of 2012 (P)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhamed Mustaque
Judgment Date
2017-10-30
Court Decision / Holding
The writ petition is dismissed. No costs. The penalty of discharge from service with superannuation benefits upheld; the disciplinary authority’s decision is not to be interfered with.
Final Disposition
Petition dismissed; no costs; penalty sustained.

Parties to the Case

Appellants / Petitioners

  • T.M. Jayasree

Respondents

  • Asst. General Manager, State Bank of Travancore, Region IV, Palakkad
  • State Bank of Travancore, Represented by its Managing Director, Head Office, Trivandrum
  • Central Government Industrial Tribunal-Cum-Labour Court, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. P. Jacob Varghese, Senior Advocate
  • • Sri. Vivek Varghese P.J.
  • • Sri. Varughese M Easo

Counsels for Respondents

  • • Sri P. Ramakrishnan

Case Synopsis & Summary

The petitioner, T.M. Jayasree, an employee of the State Bank of Travancore at Pattambi branch, challenged the disciplinary proceedings which culminated in discharge from service with superannuation benefits. The charge arose from allegations of a fraudulent withdrawal from a savings account, where Smt. Rukkiya claimed to have withdrawn Rs.50,000 on 20.10.1998, and the bank contended the petitioner helped facilitate the fraud by posting the withdrawal and aiding destruction of the relevant voucher. The enquiry treated the act as misappropriation, and the Labour Court affirmed the disciplinary authority’s penalty without interference. The petitioner argued that mere posting of a withdrawal cannot prove guilt, especially in the absence of corroborating evidence; the withdrawal slip was missing and the account holder denied withdrawal, casting doubt on culpability. She contended that findings in a disciplinary inquiry conducted in a quasi-criminal context must be based on solid evidence, not presumptions. The court noted that the inquiry was conducted with some material and that there were elements suggesting a broader pattern of fraud in the branch, yet it also emphasized the difference between disciplinary and criminal standards. Ultimately, the High Court dismissed the petition, upholding the penalty and finding no merit to overturn the Labour Court’s decision, leaving the discharge in place with superannuation benefits.

Provisions of Law Cited

Code of Criminal Procedure, Section 173 (CrPC 173)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner argued that mere posting of withdrawal from a bank ledger cannot alone prove guilt in a disciplinary context, especially in the absence of direct evidence linking her to the withdrawal. The explanation submitted by the petitioner, the missing withdrawal slip, and the denial by the account holder were highlighted to show that the evidence relied upon by the enquiry officer could not conclusively establish personal guilt. The petitioner also contended that findings in a disciplinary inquiry conducted in the realm of criminal-like misconduct require more than presumptive inferences; the standard of proof should not be identical to criminal trials, and the penalty cannot be sustained on weak or circumstantial evidence alone. The argument stressed the absence of corroboration, the possibility of other employees' involvement, and the need for careful scrutiny of the chain of events to avoid unjustly pinning liability on one employee.

Contentions of Respondents

The respondents maintained that the petitioner was involved in a systemic fraud revealed by the sequence of events—execution of the withdrawal, destruction of the withdrawal voucher, and the existence of a pattern of fraud within the branch. They submitted that the evidence, including the admission and the conduct surrounding the withdrawal, the missing withdrawal slip, and the lack of passbook, collectively established a basis for finding the petitioner guilty of misconduct. The respondents argued that in disciplinary proceedings arising from a quasi-criminal act, it is permissible for findings to be grounded in the broader context of the bank’s internal controls and evidence, and that the penalty of discharge with superannuation benefits was a proportionate, lenient punishment given the gravity of the alleged misappropriation. They contended that the Labour Court's affirmation of the authority’s penalty was lawful and should not be disturbed, as there was substantial material to support the guilt finding.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Nand Kishore Prasad vs. The State of Bihar and othersAIR 1978 Supreme Court 1277PositiveCited to illustrate that courts will intervene when findings are devoid of evidence or are perverse.
State of Haryana and others vs. Devi Dutt and others(2006) 13 SCC 32PositiveCited as supportive authority for the principle that courts may examine the reasonableness and evidentiary basis of findings in disciplinary measures.
State Bank of Bikaner and Jaipur vs. Nemi Chand Nalwaya(2011) 4 SCC 584PositiveCited to reinforce the standard of review over findings in disciplinary proceedings arising from quasi-criminal misconduct.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** **MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939** **WP(C).No. 15542 of 2012 (P)** **---------------------------ID.NO. 328/2006 of C.GOVT.LABOUR COURT, ERNAKULAM. .....** **PETITIONER(S):** **-----------------------** **T.M. JAYASREE, AGED 57 YEARS, D/O.LATE SRI.C.KUTTAN NAIR, THE NEST, PANTHAKKAL ROAD, PATTAMBI P.O., PALAKKAD DISTRICT.** **BY SRI.P.JACOB VARGHESE, SENIOR ADVOCATE. ADVS. SRI.VIVEK VARGHESE P.J., SRI.VARUGHESE M EASO.** **RESPONDENT(S):** - **-------------------------** **1. ASST. GENERAL MANAGER, STATE BANK OF TRAVANCORE, REGION IV, PALAKKAD, PIN-678 014.** **2. STATE BANK OF TRAVANCORE, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, POOJAPPURA, PIN-695 012, TRIVANDRUM.** **3. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNALCUM-LABOUR COURT, ERNAKULAM-682 016.** **R1 & R2 BY ADV. SRI.P.RAMAKRISHNAN.** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-10-2017, THE COURT ON 30/10/2017 DELIVERED THE FOLLOWING:** rs. ## **WP(C).No. 15542 of 2012 (P)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:-** - **EXHIBIT P1: TRUE COPY OF THE SUSPENSION MEMO DT. 24-08-2000 ISSUED TO THE PETITIONER.** - **EXHIBIT P2: TRUE COPY OF THE EXPLANATION DT. 18-09-2000 SUBMITTED BY PETITIONER.** - **EXHIBIT P3: TRUE COPY OF THE CHARGE SHEET DT. 22-09-2000.** - **EXHIBIT P4: TRUE COPY OF THE COMPLAINT DT. 15-09-2000 FILED BY SMT.RUKKIYA.** - **EXHIBIT P5: TRUE COPY OF THE DETAILED REPLY TO THE CHARGE SHEET DT. 20-10-2000 BY THE PETITIONER.** - **EXHIBIT P6: TRUE COPY OF THE COMPLAINT DATED 21-07-2000 FILED BEFORE SI OF POLICE, PATTAMBI.** - **EXHIBIT P7: TRUE COPY OF THE FINAL REPORT FILED BY POLICE U/S.173 OF CRL.PC BEFORE MAGISTRATE COURT DT. 15-05-2005 IN FIR NO.295/2000.** - **EXHIBIT P8: TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER DT. 03-04-2001.** - **EXHIBIT P9: TRUE COPY OF THE WRITTEN EXPLANATION DT. 15-05-2001 BY THE PETITIONER.** - **EXHIBIT P10: TRUE COPY OF THE FINAL ORDER DATED 19-07-2001 OF THE DISCIPLINARY AUTHORITY.** - **EXHIBIT P11: TRUE COPY OF THE MEMORANDUM OF APPEAL DT. 05-09-2001 BY THE PETITIONER BEFORE APPELLATE AUTHORITY.** - **EXHIBIT P12: TRUE COPY OF THE ORDER DATED 22-12-2001 OF THE APPELLATE AUTHORITY.** - **EXHIBIT P13: TRUE COPY OF THE WRITTEN STATEMENT DATED 05-05-2003 FILED BY 1ST RESPONDENT IN ID 14/2002(CENTRAL).** - **EXHIBIT P14: TRUE COPY OF THE AWARD DT. 16-11-2007 PASSED BY 3RD RESPONDENT ID 328/06 (ID 14/02 OF LABOUR COURT, ERNAKULAM).** - **EXHIBIT P15: TRUE COPY OF THE LETTER DATED 07-07-2008 BY THE 3RD RESPONDENT FORWARDING AWARD IN ID 328/06.** **.....2/-** ## **WP(C).No. 15542 of 2012 (P)** **EXHIBIT P16: TRUE COPY OF THE LETTER DATED 02-09-2008 INTIMATION REGARDING THE FORWARDING OF THE BANKER'S CHEQUE BY THE CHIEF MANAGER, SBT, PATTAMBI BRANCH.** - **EXHIBIT P17: TRUE COPY OF THE CALCULATION STATEMENT ISSUED BY SBT, PATTAMBI BRANCH.** - **EXHIBIT P18: TRUE COPY OF THE FIR NO.259 DATED 21/07/2000 OF THE PATTAMBI POLICE STATION OF PALAKKAD DISTRICT.** **EXHIBIT P18A TRUE COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME NO.259/2000 OF PATTAMBI POLICE STATION SHOWING THE PETITIONER AS WITNESS NO.5.** - **EXHIBIT P18B TRUE COPY OF THE PETITIONER'S DEPOSITION DATED 26/07/2011 BEFORE SUB INSPECTOR OF POLICE, PATTAMBI IN CRIME NO.259/2000.** - **EXHIBIT P19 TRUE COPY OF THE ATTENDANCE REGISTER FROM 01/09/1998 TO 31/10/1998 OF OFFICERS, WHICH IS MARKED IN THE ENQUIRY REPORT AS PEX 7.** - **EXHIBIT P20 TRUE COPY OF THE ATTENDANCE REGISTER FROM 20/10/1998 TO 28/10/1998 OF AWARD STAFF, WHICH IS MARKED IN THE ENQUIRY REPORT AS PEX 8.** - **EXHIBIT P21 TRUE COPY OF THE PRELIMINARY ORDER DATED 23/05/2001. OF THE DISCIPLINARY AUTHORITY (ASST. GENERAL MANAGER REGION IV, STATE BANK OF TRAVANCORE, REGIONAL OFFICE, PALAKKAD IN THE DISCIPLINARY ACTION CASE AGAINST THE PETITIONER.** ## **RESPONDENT'S EXHIBITS:NIL.** ## **//TRUE COPY//** ## **P.S. TO JUDGE** **rs.** ## **A. MUHAMED MUSTAQUE, J.** ------------------------------------ ## W.P. (C) No.15542 of 2012 ------------------------------------ Dated this the 30[th] day of October, 2017 ## **J U D G M E N T** The petitioner, an employee of the State Bank of Tranvancore at Pattambi branch, has been discharged from service with superannuation benefits pursuant to disciplinary proceedings. The petitioner questioned the disciplinary proceedings and penalty by raising an industrial dispute. However, the Industrial Tribunal affirmed the decision of the disciplinary authority and also did not interfere with the punishment imposed. This decision is called in question in this writ petition. 2. To understand the misconduct alleged against the petitioner, it is appropriate to refer the relevant portion of the charge sheet which reads as follows: “Smt.K.P.Rukkiya, w/o.Shri.K.P.Zaindeen, Kunnampalliyalil House, Sankaramangalam P.O. is maintaining a Savings Bank Account bearing No.PB 7049/63 with the branch. On 20.10.1998 you had **W.P.(C) No.15542/2012** **2** misappropriated an amount of Rs.50,000/- from the above account. You have posted the withdrawal in the relative SB ledger with the intention of committing fraud though the SB counters at the branch were being looked after by two other clerks and you were looking after the despatch section on that day. You had received cash from the cashier by producing the relative token which you had taken while posting the withdrawal in the SB ledger. Thereafter, you have managed to remove the relative voucher with a view to destroy the evidence of your involvement in the fraudulent transaction. In view of the above fraudulent act the bank is LIKELY TO suffer loss since the bank is liable to make good the amount to the customer, Smt.Rukkiya”. ## 3. The petitioner responded to the charge sheet narrating as follows: “Smt.K.P.Rukkiya, account holder of savings bank account No.PB 7049/63 approached me with a withdrawal form for Rs.50,000/- signed by her. As there was no passbook with her, I referred the withdrawal to the officer concerned. The Officer authenticated by putting his initial on the withdrawal as that was the practice. Then I posted the withdrawal and issued the token to the party and referred the withdrawal putting it inside the ledger to the Officer for passing the instrument. Subsequently **W.P.(C) No.15542/2012** **3** as the clerk allotted the savings bank section arrived at the seat I went back to my allotted work at the despatch section”. 4. The account holder, Smt.Rukkiya, gave evidence that she had never withdrawn Rs.50,000/-. The withdrawal slip is missing from the Bank. The officer, who was in charge of the cash counter, was also not in a position to state the person to whom she had given cash based on the authorisation of the withdrawal slip. The withdrawal slip necessarily need to contain authorisation from the Manager especially when it was presented without the support of passbook. It is the admitted case of the petitioner that the account holder, Smt.Rukkiya, presented the withdrawal slip without passbook. The question is whether the evidence as above would be sufficient to hold one as guilty of the misconduct alleged. 5. Learned Senior Counsel appearing for the petitioner vehemently argued that mere posting of withdrawal of the amount cannot prove the guilt of an employee without any supporting evidence to show that the employee herself had withdrawn the amount. Learned counsel also argued that a finding of guilt cannot be drawn based on presumptions and since **W.P.(C) No.15542/2012** **4** the posting itself is regular, the petitioner cannot be saddled with any responsibility for the loss caused by some others. Learned counsel further argued that Smt.Rukkiya's version alone cannot be relied on to find that she had not herself withdrawn the amount. 6. The parameters of finding a person guilty in disciplinary proceedings initiated in a criminal case are distinct and different. The enquiry officer as well as the Labour Court entered into a finding of fact. Whether the facts as disclosed above are sufficient to prove the misconduct against the petitioner or not is the question involved in this writ petition. Therefore, this Court is only called upon to decide whether the finding as above can be called legally correct or not. 7. No doubt, the court will interfere where the findings are without any evidence or where such findings are so perverse. [See _**Nand Kishore Prasad** vs._ _**The State of Bihar and others**_ (AIR 1978 Supreme Court 1277), _**State of Haryana and others** vs._ _**Devi Dutt and others**_ ((2006) 13 SCC 32) and _**State Bank of Bikaner and Jaipur** vs._ _**Nemi Chand Nalwaya**_ ((2011) 4 SCC 584)]. **W.P.(C) No.15542/2012** **5** 8. In this case, the petitioner, in clear assertive terms, admitted that Smt.Rukkiya presented the withdrawal slip. The withdrawal was on 20.10.1998. The misappropriation was detected when a similar complaint had arisen in relation to the account of one Abdul Gafoor in the year 2000. As seen from orders, withdrawal from the account was by manipulations and by causing destruction of such withdrawal slips. There is nothing on record to disbelieve Smt.Rukkiya. It appears that systematic fraud had been played to misappropriate the amount from the accounts of the account holders. That must be within the Bank itself. The findings clearly established the above aspects. The petitioner, certainly, therefore pinned for such misappropriation. 9. The petitioner's case that Smt.Rukkiya herself came and presented the withdrawal slip for encashment without passbook has been disproved by the testimony of the account holder Smt.Rukkiya herself. Why should Smt.Rukkiya give such evidence against the petitioner? The sequence of events that had taken place immediately after the presentation of withdrawal slips and the subsequent destruction of the same clearly indicate a fact that the act was done with an intention to misappropriate **W.P.(C) No.15542/2012** **6** amount from the account of the account holder. The petitioner is the best person to give an account of what transpired if someone else in the Bank is involved in the matter. In the absence of any such claim being put forward, the petitioner alone needs to be suspected. Whether there was any evidence to show that the petitioner had taken away Rs.50,000/- or not is immaterial as it has to be assumed that those who committed fraud is the beneficiary of such fraud. Therefore, there was sufficient materials for the enquiry officer to find the guilt of the petitioner. In fact, the most lenient penalty was given in the circumstances, i.e., discharge from service with superannuation benefits. Therefore, there is no scope for interfering with the penalty imposed on the petitioner. In view of the above, I do not find any merit in the writ petition. This writ petition is dismissed. No costs. Sd/- ## **A. MUHAMED MUSTAQUE JUDGE** smp