LAWS(KAR)-2010-10-36

Y SRINIVAS MURTHY Vs. VIJAYA BANK BANGALORE

Decided On October 18, 2010
Y. SRINIVAS MURTHY Appellant
V/S
VIJAYA BANK, BANGALORE Respondents

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful petitioner in W.P. No. 14735/ 2000 being aggrieved by the order dated 4/8/2003 wherein the learned single Judge of this Court has declined to interfere with the order of dismissal dated 3/7/1999 passed by the second respondent and dismissed the writ petition.

(2.) THE material facts of the case leading up to this appeal with reference to the rank of the parties before the learned single Judge are as follows:

(3.) THE learned single Judge after considering the contention of learned counsel for the parties, by order dated 4-8-2002 considered all the contentions raised by the petitioner before him and held that the petitioner had been granted sufficient opportunity to inspect the documents and there is no violation of principles of natural justice. THEre was no merit in the contention that since no action has been taken in respect of the subordinate officers, no action should be taken against the petitioner as the same is discriminatory. THE learned single Judge also held that the punishment imposed cannot be said to be disproportionate having regard to the decision of the Hon'ble Supreme Court in B. C. Chaturvedi v. Union of India ((1995) 6 SCC 749): (AIR 1996 SC 484) and other decisions of the Hon'ble Supreme Court. THE learned single Judge held that scope of interference in respect of the disciplinary enquiry and punishment is limited and in the present case, the order holding that the petitioner is guilty of misconduct and imposing punishment is justified and does not call for interference. THE learned single Judge accordingly held that petition fails and dismissed the petition. Being aggrieved by the said order, this writ appeal is filed.