MADRAS HIGH COURT QUASHES THE CHARGE
MEMO ISSUED TO TWO STATE BANK OF INDIA (SBI) OFFICERS
While quashing the
charge memo issued to two State Bank of India (SBI) officers alleging
misconduct for holding a lunch hour demonstration in August last year, the
Madras High Court has held that a mere peaceful demonstration, per se, inside
the campus, cannot be understood as a mark of misconduct under the rules.
A Division Bench
comprising Justices Chitra Venkataraman and K.B.K.Vasuki passed the common
judgment on appeals filed by two officers of the bank against a single Judge’s
order of February 8 this year.
The two, D.Thomas
Franco Rajendra Dev, Deputy Manager, SBI, RBU, LHO, Chennai and D.Suresh Kumar,
Chief Manager, RBU, LHO, Chennai, were the general secretary and elected
president of the All India State Bank of India Officers’ Association
respectively. The association held a lunch hour demonstration on August 28 last
year in front of the local head office and in all the administrative offices of
the bank. Members, including the two officers, participated.
In September last
year, the two were issued charge memo for alleged misconduct under the bank’s
officers’ service rules.
They filed writ
petitions contending that registered trade unions had a right to demonstrate
peacefully. The right flowed from Art.19 (1) ( c ) of the Constitution. They
denied that they instigated the officers of the bank to hold the demonstration.
There was no misconduct.
A single Judge
rejected the writ petitions, holding that the court could not interfere at the
stage of charge memo on the basis of the defence pleaded by the petitioners.
Aggrieved, the two filed the present appeals.
Source: The Hindu, 05.08.2013
