JAMMU AND KASHMIR BANK Vs. B R GUPTA

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) The appeal arises out of a disciplinary proceeding against the respondent, who was the Chief Manager of the Divisional Office of the appellant Bank at Delhi. After holding an enquiry, he was dismissed from service. He challenged the order by a writ petition in the Delhi High Court which was allowed by a learned single Judge. The order was confirmed, on appeal, by a Division Bench of the Court. Inter alia it was contended on behalf of the appellant-Bank that since the same is neither State nor a State instrumentality, the respondent's writ petition in the High Court was not maintainable. The plea has been negatived.

(3.) The High Court has held that adequate opportunity to defend himself was not given to the respondent, nor was he supplied with a copy of the enquiry report in time, so that he could have submitted his show cause in pursuance of the second notice. Relying upon the judgment of this Court in Union of India v. Mohd. Ramzan Khan (1991) 1 SCC 588, the High Court quashed the order of dismissal of the respondent and directed his reinstatement with consequential benefits and costs without even permitting the appellant either to proceed with the Enquiry after giving the respondent a fresh opportunity or to hold a fresh inquiry. The matter was thus closed finally in favour of the respondent.