Case Note & Summary
The appellant, Sri. Angadi Vrushabha, was employed as a Field Officer with the 4th respondent bank, P.C.A. & R.D. Bank Ltd., Huvinahadagali. He was issued a transfer order which he failed to obey. Consequently, a notice was issued on 22.03.2003, followed by a show cause notice on 13.05.2003 and a final notice on 13.06.2003. The appellant did not respond to any of these notices. As a result, the competent authority terminated his services. Aggrieved, the appellant filed a writ petition before the Single Judge, which was dismissed on 16.03.2017. The appellant then filed this intra-court appeal under Section 4 of the Karnataka High Court Act, 1961. The Division Bench heard the appeal. The appellant's counsel argued that the appellant had worked for 30 years and that the termination was disproportionate. However, the court noted that the appellant had not challenged the transfer order and had failed to respond to the notices. The court held that the appellant's conduct amounted to abandonment of service and that he was not entitled to any relief. The appeal was dismissed.
Headnote
A) Service Law - Transfer - Disobedience - Termination - The appellant, an employee of a co-operative bank, was transferred but failed to report to duty. Despite multiple notices, he did not respond. The competent authority terminated his services. The Single Judge dismissed his writ petition. The Division Bench upheld the dismissal, holding that the appellant's conduct amounted to abandonment of service and he was not entitled to reinstatement. (Paras 2-3)
Issue of Consideration
Whether the appellant is entitled to reinstatement after failing to comply with a transfer order and not responding to show cause notices.
Final Decision
The writ appeal is dismissed. The order of the Single Judge dated 16.03.2017 in W.P.No.60030/2011 is confirmed.
Law Points
- Transfer order
- Employee disobedience
- Show cause notice
- Termination
- Reinstatement
- Writ appeal
- Karnataka High Court Act
- 1961 Section 4
