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.
