RAVINDER K SAINI Vs. AMERICAN EXPRESS BANK LTD

JUDGEMENT

(1.) This order shall dispose of the preliminary issue 'whether this Court has no jurisdiction to try the present suit in view of objections raised by the defendant No.1 in its written statement"' in a suit for declaration and recovery of damages of Rs.30.00 lakh filed by the plaintiff on account of his illegal and wrongful dismissal.

(2.) Brief facts to comprehend the disputes between the parties on which the preliminary issue was framed are that plaintiff was employed by defendant No.1 as a special teller. After nine years of the service as teller during which, according to plaintiff, he was awarded appreciated remarks, granted increments and awards, he was issued charge-sheet on 28th July, 1990 on the ground that he fraudulently altered and re-routed and wrongfully input data to the credit of M/s Swift Travel International during the period 4th June, 1990 to 21st June, 1990 and fraudulently cheated and/or misappropriated an amount of Rs.25,688.27 belonging to American Express Bank Limited travel related services. The plaintiff was charged with having committed the gross misconduct as contemplated under clause 19.5 (d) and 19.5 (j) of the bipartite settlement of 1966. These clauses contemplated willful damage or attempt to cause damage to the property of the bank or any of its customers and doing any act prejudicial to the interest of the bank or gross negligence or negligence involving or likely to involve the bank in serious loss.

(3.) The plaintiff contended that he filed the replies to the charge-sheet on 3rd August, 1990 and 9th October, 1990 and the matter before the enquiry officer was adjourned from time to time. At times the matter was adjourned for more than one year. The plaintiff also contended that defense representative also turned out to be the General Secretary of the American Express Bank Employees' Association and he colluded with the officials of defendant No.1.