Protest against 7-day banking: Court quashes ‘memo’ against SBI officers
THIRUVANANTHAPURAM, AUG. 11:
All-India State Bank of India Officers Association seems to have won a psychological edge in the campaign against introduction of seven-day service in the bank.
A Bench consisting of Justices Chitra Venkataraman and K.B.K Vasu of the Madras High Court allowed a writ appeal by the union in this connection.
SET ASIDE
The July 7 judgment quashed a charge memo against two senior officers of the bank implicating them for their act of registering protest during working hours.
While doing so, the Bench also set aside an earlier order by a single judge who had dismissed the writ petitions filed to quash the charge memo.
The case dossier can be traced to August 25, 2012, when the SBI chairman unveiled a proposal to keep open the 14,000-odd branches through the week.
This was in accordance with international bank practices, he had contended.
The officers association decided to hold lunch-hour protest demonstration three days later in front of the local head office and in all administrative offices of the bank.
The petitioners were Manager-rural business at the local head office in Chennai and the chief manager at the rural business unit there.
Also, they were president and general secretary of the officers association, respectively.
While allowing the appeals, the Bench observed that the holding of a demonstration was a constitutional right guaranteed under Article 19.
“So long as the same did not violate rule 54, it certainly stands protected. We fail to understand how holding a demonstration, per se, would amount to misconduct.”
NO MISCONDUCT
It was difficult to agree with the submission that the status of the demonstrators as officers of the bank was enough to treat their behaviour as misconduct.
“While the respondents do not deny that the union is a recognised one, we fail to understand how participation by an officer who incidentally holds the post in the governing body of the union would go against rules.”
The demonstrators had raised slogans against the announcement of seven-day banking, demanded five-day banking and of regulated working hours.
“We fail to understand the logic that holding of such a demonstration has brought disrepute to the bank or affected its functioning. In the circumstances, we have no hesitation in setting aside the order of the learned single judge.”
MALA FIDE INTENT
The Bench also went to the extent of observing that there was mala fide intent in the proceedings against the appellants.
“Considering the weakness of the allegations made… we have no hesitation in allowing the writ appeals.”
Also, no further proceedings shall be taken up with respect to the enquiry against officers, the Bench observed.
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