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| Bank Manager dismissed in1975 seeks compensation | | Court declares dismissal as illegal; issues decree for recovery of Rs 12 lakhs | | Early Times Report
Jammu | Sept 15
In a rarest of the rare case, the Court today decided a recovery suit of damages after 33 years.
The petitioner, who was then Manager of New Bank of India which amalgamated with Punjab National Bank, was dismissed from service in the month of August 1975, challenged the dismissal on various grounds including mala- fide as the plaintiff was offered service from another bank with higher salary and plaintiff resigned from the present posting. The defendant bank instead of accepting resignation dismissed the services with allegations.
Additional District Judge Bank cases Jammu Mr. Shakti Gupta, after hearing Adv VR Wazir appearing for the plaintiff VK Gandotra and Adv VK Chopra appearing for the Punjab National Bank, in his 110- page judgment had decided various issues raised in the suit of recovery and declared the dismissal order issued on August 8, 1975 passed by the defendant bank being illegal, unwarranted, malafide, arbitrarily and in violation of the principle of natural justice and set-aside the same and said that in absence of any enquiry it cannot be said that the plaintiff submitted his resignation to save himself from the alleged misdeeds or unauthorized advances since no enquiry was conducted in the present case and no enquiry officer has been appointed, without conducting any enquiry by enquiry officer, it was for the enquiry officer to give a finding to the said effect and thereafter provide a copy of the enquiry report to the plaintiff. Admittedly no enquiry is conducted in this case as such this issue is decided in favour of the plaintiff and against the defendant.
While setting aside the dismissal order of VK Gandotra, the then Bank Manager, Presiding Officer Shakti Gupta further observed that because of the dismissal order the plaintiff could not get service in banking sector, however, he came to be appointed as Managing Director in Citizens Cooperative Bank for 2/3 months. The employees Union of Bank approached Registrar Cooperative Societies by filling an appeal accompanied by the order of dismissal. The Registrar Cooperative Societies accepted the appeal and set-aside the order of appointment, thereafter the plaintiff could not get any appointment in banking service. In these circumstances the plaintiff was entitled to damages calculated in terms of his salary and other perquisites for whole of the period of his employment, from the date of his wrongful termination of the service, the plaintiff entitled to be inducted in service but because of the fact that the plaintiff having already attained the age of superannuation, cannot be inducted into service, thus a decree issued to the tune of Rs 12 lakhs, as a damages with simple interest @ 6% per annum, is passed in favour of the plaintiff and against the defendant bank with costs. JNF |
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