JASWANT RAI PARIKH Vs. DENA BANK

JUDGEMENT

(1.) This petition was filed by the petitioner for quashing the inquiry into the charges levelled against him vide the charge sheet dated 25th August, 1983. The case set up in the petition was that the petitioner had tendered his resignation on 8.8.1983 and that since no reply to the same was received from the respondent, the same was deemed to have been accepted. Respondent, however, issued a charge sheet dated 25.8.1983 and proposed to hold an enquiry into the charges levelled against the petitioner. Petitioner challenged the issue of this charge sheet on the ground that after the resignation of the petitioner was deemed to have been accepted, the respondent did not have any right to initiate proceedings against the petitioner. After hearing the parties, this Court issued RULE in the writ petition. In so far as the question of acceptance of resignation was concerned, the Court was of the view that even assuming an action was required to be taken against the petitioner all that 0could be done by the management was to withhold the bank's contribution to the provident fund and the amount of gratuity. Court, therefore, in its order dated 21.1.1985 observed that as a sum of Rs.1,31,225.84 paise was allegedly due to the petitioner, the respondent-bank should pay a sum of Rs.50,000/- to the petitioner without security and the remaining sum of Rs.81,225.84 paise be paid to the petitioner against a bank guarantee. This order dated 21.1.1985 was sought to be modified by respondent by filing an application. The Court by order dated 13.3.1985 disposed of this application holding, inter alia, that the respondent-bank had alleged that a sum of Rs.29,965.58 paise was due to the bank from the petitioner towards repayment of car loan and towards salary erroneously paid for the months of August, September and October, etc. and had alleged that the petitioner was also not entitled to the amount of Rs.6,075/- being the interest on gratuity claimed by him and which amount was included in a sum of Rs.1,31,225.84 paise claimed by the petitioner to be due to him from the respondent. On such submissions being made, the Court directed that the balance admitted amount of Rs.46,146.26 paise be paid to be petitioner against bank guarantee for restitution. This amount, I am informed, was also paid by the bank to the petitioner. While this petition was pending, the petitioner expired on 9.8.1996 and on an application filed by the legal representatives of the petitioner, they, by an order dated 30.10.2002, were brought on record.

(2.) The only question raised in the present petition by the petitioner was that since no reply to the resignation was sent by the respondent, the same would deemed to have been accepted and after such acceptance of the resignation, the respondent did not have any right to issue a charge sheet or hold an enquiry against the petitioner. By interim order of the Court, the enquiry was stayed. After the death of the petitioner, admittedly the enquiry cannot be continued against him. The effect of not holding an enquiry against the deceased would be that he would be entitled to all the benefits, to which he was entitled in case his resignation was accepted by the Management as has been alleged by the petitioner. A total sum of Rs.1,31,225.84 paise was stated to be due to the petitioner from the respondent and out of this, a sum of Rs.50,000/- has been paid to the petitioner without bank guarantee. Another sum of Rs.46,146.26 paise has been paid against furnishing a bank guarantee. Since the legal heirs of the petitioner would be entitled to this amount on the death of the petitioner and no enquiry could be held against the deceased, the respondent cannot, in my view, claim back the said amount from the legal representatives of the petitioner. In my opinion, on the death of the petitioner, the petition has become infructuous as no relief can be granted to the petitioner, as admittedly no enquiry could be held against a dead person.

(3.) I, accordingly, dispose of this petition with a direction that the bank guarantee furnished by the deceased-petitioner by way of security for a sum of Rs.46,146.26 paise would stand discharged and the legal heirs of the petitioner would be at liberty to claim the sum of Rs.29,965.58 paise, which was not paid in terms of the order dated 13.3.1985 as also the amount of Rs.6,075/-, which the deceased had claimed as interest on gratuity, if it is so permissible in law in appropriate proceedings, as may be advised to be initiated by the legal heirs of the deceased. With these observations, this petition stands disposed of.