Case Note & Summary
The petitioner, Rohit Dewan, was appointed as a Senior Manager (FS) by Syndicate Bank on January 7, 2011, governed by the Syndicate Bank (Officers') Service Regulations, 1979 and the Syndicate Bank (Officers') Employees Conduct Regulations, 1976. The petitioner remained absent from duty without sanctioned leave from July 12, 2018, and was terminated by an order dated July 12, 2018, under Regulation 19 of the 1979 Regulations, which provides for automatic termination upon unauthorized absence exceeding 90 consecutive days. The petitioner challenged the termination by way of a writ petition under Article 226 of the Constitution of India, seeking reinstatement with back wages and other benefits. The court examined the facts and found that the petitioner had been absent without leave for more than 90 days, and the termination was a discharge simpliciter under the contract of service, not a punitive dismissal. The court noted that the petitioner had an alternative remedy of appeal under the Regulations, which he had not availed. The court held that the writ petition was not maintainable in view of the alternative remedy and dismissed the petition, leaving it open to the petitioner to pursue the departmental appeal.
Headnote
A) Service Law - Termination - Unauthorized Absence - Regulation 19 of Syndicate Bank (Officers') Service Regulations, 1979 - The petitioner, a Senior Manager, remained absent without leave for more than 90 consecutive days, leading to automatic termination under Regulation 19. The court held that the termination was not punitive but a discharge simpliciter under the contract of service, and the writ petition was not maintainable as the petitioner had an alternative remedy of departmental appeal. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of Constitution of India - The court declined to entertain the writ petition as the petitioner had an efficacious alternative remedy of appeal under the Syndicate Bank (Officers') Service Regulations, 1979. The court held that the existence of an alternative remedy is a bar to the exercise of writ jurisdiction unless exceptional circumstances are shown. (Paras 11-15)
Issue of Consideration
Whether the termination of the petitioner's employment under Regulation 19 of the Syndicate Bank (Officers') Service Regulations, 1979 for unauthorized absence was illegal and whether the writ petition is maintainable in view of alternative remedy.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to avail the alternative remedy of appeal under the Syndicate Bank (Officers') Service Regulations, 1979.
Law Points
- Termination under Regulation 19 of Syndicate Bank (Officers') Service Regulations
- 1979 is automatic upon unauthorized absence exceeding 90 days
- no prior notice required
- writ petition not maintainable against termination simpliciter
- alternative remedy of departmental appeal available
