LAWS(DLH)-2011-2-207

B R SHARMA Vs. SYNDICATE BANK

Decided On February 14, 2011
B.R.SHARMA Appellant
V/S
SYNDICATE BANK Respondents

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 29.1.2004 which has affirmed the finding of the trial judge dated 16.11.1999 whereby the suit filed by the plaintiff seeking declaration and mandatory injunction that his penalty order dated 28.12.1992 be declared null and void had been dismissed.

(2.) PLAINTIFF B.R. Sharma was posted as an Assistant Manager in the Nirman Vihar Branch of the Syndicate Bank. Allegation against him was that on 12.7.1991 he had committed misconduct in as much as on that day he misbehaved and manhandled an official of the Zonal Office namely Mr.V.S.N.Shobhnan in front of the staff members. Enquiry was initiated against the plaintiff. The plaintiff had participated in the enquiry. On behalf of the department two witnesses namely Mr.V.S.N. Shobhnan , the Deputy D.M. and Mr. Satynaraina, Chief Manager of the Nirman Vihar Branch of the bank had been examined. The plaintiff who was the delinquent official had examined four witnesses on his behalf. In view of the oral and documentary evidence led before the Enquiry Officer, the Enquiry Officer had held that the charges of misconduct stood proved against the delinquent. The penalty of reduction of three increments was imposed upon him. This order of the Disciplinary Authority was affirmed in appeal. The present suit was accordingly filed.

(3.) THE Trial Judge was of the view that the Civil Court is not an appellate court and cannot re-appreciate and re-examine the evidence which has been led before the Enquiry Officer. Relying upon various authorities and case laws cited before the trial judge the suit of the plaintiff had been dismissed.