GURUDUTH PRABHU Vs. M S KRISHNA BHAT

JUDGEMENT

(1.) THESE writ appeals are directed against the common order dated 3-2-97 in Writ Petition Nos. 29498/95 to 29500/95. The respondents 8 and 9 in the writ petitions are the appellants in these writ appeals.

(2.) THE respondents 1 to 3 in these appeals filed writ petitions alleging that the 1st petitioner/r-1 is the Chairman and Chief Executive of the Karnataka Bank Limited. The 2nd petitioner/r-2 is the Deputy General Manager (Inspection and Vigilance) and the 3rd respondent is the Asst. General Manager, (H. R. and I. R. Department) of the said Bank. The bank in question according to the writ petitioners is a banking company in the private sector and covered by the Companies Act and subject to the regulatory control of the Reserve Bank of India in so far as the banking activities are concerned. That the bank has its Memorandum of Association and Articles of Association to regulate its functionary. It includes the power of appointment of personnel to the bank which is conferred on the Board of Directors and in the matter of recruitment of subordinate staff and clerical cadre the Chairman is empowered to recruit such staff. That in respect of recruitment of clerical cadre 25% of the vacancies are permitted to be filled up by the Chairman at his discretion as per the Board Resolution No. 52 dated 4-11-88.

(3.) FOR the year 1993-94, the bank resolved to recruit clerks and the same was advertised mentioning the qualification and other requirements. The Bank received 2396 applications which included some received from the relatives of its own employees. Written Test was conducted to all the candidates who passed the degree. After written test, about 641 candidates were interviewed including 38 candidates whose qualifications were relaxed in view of the discretionary quota of the Chairman in case of employment on compassionate ground etc. , That, thereafter, 132 candidates were selected on the basis of their performance in the interview and 23 candidates were recruited under the discretionary quota. According to the writ petitioners 2 of the Directors were dissatisfied with the selection and appointment on account of not accommodating some candidates recommended by them and they started finding fault with the recruitment. They also despatched complaint to the Reserve Bank of India. That the Board of Directors passed a resolution deprecating the attitude of the two Directors and in the resolution, the Board of Directors reposed full confidence in the Chairman. Thereafter, the discontented directors started giving problems to others in the Board and started approaching the Courts and according to the writ petitioners, the two discontented directors set up two unsuccessful candidates at the recruitment to file two private complaints before the JMFC. Mangalore in Private Complaint No. 99 and 100/1995 alleging offences u/s. 167, IPC (Public servant framing a incorrect document with intent to cause injury ). In both the complaints the prayer was to refer the matter for police investigation u/s. 156 (3) of the Cr. P. C. and the learned Magistrate straightway passed the order and those orders in the two complaints were challenged in the two writ petitions Nos. 15429 and 15451/95. This Court has granted stay of the order and later on issued rule nisi directing continuance of the stay order. It is the case of the writ petitioners that two directors who are aggrieved by the selection and appointment of clerks set up 3 more unsuccessful candidates to file complaints before the Chief Magistrate. The said complaints are also similar to the earlier mentioned complaints and the prayers was also the same. The learned Magistrate before whom these complaints were filed also conceded to the prayer in the complaints and referred the matter to the police u/s. 156 (3) of the Cr. P. C.