Excelsior Correspondent
Srinagar, July 22: High Court today issued notice to Anti Corruption Bureau (ACB) and J&K Bank for filing of reply to the plea of J&K Bank employees whose salary have been withheld on the directions of the trial court.
The J&K Bank Employees Union through its president have approached the court challenging the order of trial court whereby direction has been issued for not releasing salary to the employees of Bank who have been appointed as Probationary Officers and Banking Assistant since 2010 till date.
The direction to the bank for withholding salary has been passed by Special Judge Anti-Corruption Srinagar which applies almost to 3000 employees of the bank and aggrieved of this order they approached the High Court for setting aside the same.
Justice Rajesh Bindal after hearing the counsel of employees Union issued notice to Senior Superintendent of Police Anti-Corruption Bureau and Secretary J&K and sought reply to the plea of employees Union by or before July 27. Court after expressing urgency involved in the matter by the employees counsel, granted shortest period of time to the other side for filing of reply as these employees are without salary.
Trial judge had passed the direction on May 23, while considering an application submitted by the bank for release of documents seized in FIR no. 10/19 including those documents pertaining to the appointment of those employees who have been appointed after 2010.
ACB has registered two FIRs against some officers of the bank and after conclusion of the investigation final report under section 173 CrPc has been filed before Trial Court. The trial court after considering the application of bank for release of seized documents, recorded that the bank shall strictly use the Xerox record for initiating departmental action and not use the record for facilitating the release of remuneration/increments or recording of APRs of the illegal appointees, “Who otherwise are required to be disengaged forthwith and posts are re-advertised accordingly”, trial court said.
The petitioner-Union sought quashing of the direction and directing the bank to allow to continue these employees in their services and also releasing their salary. The aggrieve Employees Bank union challenged the Trial Court direction on various grounds including that the direction has been passed in an ancillary application of bank as there was no question of issuing for stoppage of salary and disengagement of these bank employees as the power exercised by the Trial Judge is not available to him.
“No notice was provided to those who have suffered under the order directing the deprivation of their remuneration and engagement, the order is therefore, passed in violation of the principles of natural justice”, read the petition.
It is pleaded, that the order impugned transpires that the Government has directed the bank vide communication dated 2.3.2019 to initiate departmental action in a time bound manner about the appointments in question.
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