At, High Court of Kerala
By, THE HONOURABLE MR. JUSTICE V. CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN
For the Petitioner: George Poonthottam, Advocate. For the Respondents: R1, A. Jayasankar, Manu Govind, R2 & R3, K.R. Deepa, Senior Government Pleader.
1. It transpires that the first respondent delinquent (who was placed under suspension in the year 2005 and dismissed from service in the year 2006
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) has since attained the age of superannuation in the year 2016. Therefore no question of reinstatement in service of the first respondent with backwages arises at this juncture in view of the efflux of time and other circumstances. The learned single Judge has declined to interfere with the finding of the Co-operative Arbitration Court as affirmed by the State Co-operative Tribunal in exercise of writ jurisdiction.
2. The learned single Judge has noticed that the appellant bank failed to prove the charges against the first respondent independently despite an opportunity granted after having held against the domestic enquiry conducted. The learned single Judge has also noticed that many of the documents allegedly marked before the Enquiry Officer were not even proved before the Co-operative Arbitration Court.
3. We suggested in the midst of hearing as to why the dispute should not be amicably settled by paying fifty percent of the backwages to the first respondent and the counsel for both sides are not averse to the suggestion. We therefore modify the impugned judgment and dispose of the writ appeal making it clear that the first respondent will be entitled to fifty percent of the backwages only. This would be in addition to the eligible retiral benefits and no amount in excess of subsistence allowance would be due to the first respondent during the period of suspension. The amounts thus due to the first respondent shall be released within three months from today since more than twelve years have elapsed since the dispute started.
The writ appeal is disposed of. No costs.