Authority: High Court of Judicature at Madras

Order Date: 28.08.2026

Case Overview

  • Petitioner: P. Sivakumar, former Peon of The Tamil Nadu Circle Postal Co‑operative Bank Ltd.
  • Respondents: Union of India (represented by Joint Secretary, Ministry of Agriculture), The Board of Directors of the Bank, and the President of the Bank.
  • Petition filed under Article 226 seeking a writ of certiorari and mandamus to quash the removal order dated 11‑Nov‑2005 and to reinstate petitioner with back wages from 29‑Oct‑2005.
  • Petitioner alleged removal was ordered by an incompetent authority (President) contrary to By‑Law No.65(13) which reserves dismissal power to the Board or a Sub‑Committee.
  • Respondents contended that the removal decision was taken by the Disciplinary Action Sub‑Committee and communicated through Board Resolution No.272 dated 20‑Sep‑2005, and that petitioner was absent without leave for over 20 months despite multiple show‑cause notices.

Final Outcome

  • The Court held that the removal order was validly issued by the Disciplinary Action Sub‑Committee and communicated via the Board resolution; the President’s signature did not constitute an unauthorized act.
  • The 20‑month unauthorized absence was deemed sufficient ground for dismissal and not disproportionate.
  • Judicial review principles were reiterated, emphasizing that courts do not substitute the findings of disciplinary authorities absent perversity or lack of evidence.
  • Consequently, the writ petition was dismissed with no costs awarded to either party.

Topics: Employment Dispute, Banking Regulation