STATE BANK OF INDIA Vs. K C THARAKAN

JUDGEMENT

(1.) This Appeal is against the Judgment of the Gauhati High Court (Shilong Bench) dated 22nd November, 2001.

(2.) Briefly stated the facts are as follows: The Respondent joined the Appellant Bank as a Clerk-cum-Typist sometime in 1963. In 1968 the Respondent appeared in the CAIIB Examination conducted by the Indian Institute of Bankers (for short IIB). The examination was being held in the premises of the Shilong Branch of the Appellant Bank. One of the senior Officers of the Appellant Bank, by name Shri T. P. Barua, was the Invigilator during the examination.

(3.) According to the Appellant Bank, the said Shri T. P. Barua found that the Respondent was copying from books. This is denied by the Respondent who claims that he had noticed that the said Shri T. P. Barua was favouring other candidates and helping them cheat. We are not concerned with this dispute except to note that the Respondent wrote three letters dated 1st November, 1968, 2nd November, 1968 and 7th November, 1968 to the IIB making allegations against the said Shri T. P. Barua. The said Shri T. P. Barua also made a report to IIB. IIB acted on the report by Shri T. P. Barua and cancelled the result of the examination of the Respondent. IIB also debarred the Respondent from appearing in the examination for three years. This action of the IIB was taken on 5th March, 1969.