P R KAMATH Vs. INDIAN BANK

JUDGEMENT

(1.) THIS petition is filed seeking for an order to quash the order dated 10-6-2002, Annexure-E with a further direction of reinstatement with other benefits.

(2.) THE facts in brief are as under: the petitioner is an employee of the Bank. One Sri Jayadeva initiated proceedings against the petitioner with regard to dishonouring of a cheque issued by the petitioner under Section 138 of the Negotiable instruments Act. The petitioner was convicted. An appeal was filed before the Sessions Judge, unsuccessfully. Thereafter, the petitioner filed a criminal revision petition in Cri. R. P. No. 512 of 1998 in this Court. The petitioner made over the payment by way of DD to Jayadeva to compound the offence by way of an order at Annexure-A. Thereafter, a show-cause notice was issued to the petitioner on 30-1-2002. He was asked to show cause as to why action should not be taken against him in terms of Section 10 (l) (b) (i) of the Act. The petitioner submitted his reply. Thereafter, an order was passed ordering termination with immediate effect. This order is challenged in this petition.

(3.) THE respondent has filed a detailed counter. They strongly rely on section 10 (l) (b) (i) of the Banking Regulation Act to contend that termination is proper and legal. They also say that the Provincial Insolvency act is not applicable to the facts of this case.