VINCENT VARGHESE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Nadakumara Menon for appellant and Mr. P.O. Parameswara Panicker for respondents.

(2.) The unsuccessful Writ Petitioner is the appellant herein. The Original Petition was filed by the appellant challenging Ext. P8 order passed by the Deputy General Manager, State Bank of India, Ernakulam discharging the appellant from the service of the Bank and seeking a direction to the respondent to reinstate the appellant in service with all consequential benefits with effect from the date of his dismissal, and other allied reliefs.

(3.) The appellant, while working as Clerk cum Typist in the 1st respondent Bank, was prosecuted pursuant to a complaint filed by his wife, for the charge of an offence punishable under S.498-A of the Indian Penal Code (hereinafter to be referred to as 'I.P.C.'). S.498A IPC deals with the offence of cruelty by husband or his relatives. The Chief Judicial Magistrate, Trichur convicted and sentenced the appellant to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-. The conviction and sentence were confirmed, in appeal, by Sessions Court, Trichur, against which the appellant preferred a revision before this Court as Crl. Revision Petition No. 546 of 1991. This Court, by judgment dated 13.3.1992, disposed of the said revision petition setting aside the sentence and directing the Court below to consider whether the appellant could be released on probation for good conduct. This Court directed the Trial Court to pass appropriate orders under S.4(1) of the Probation of Offenders Act in the light of the report of the Probation Officer. However, this Court found that the appellant was guilty of acts of cruelty both in the legal and physical sense. But, in the particular facts and circumstances of the case, the Court felt that the custodial sentence would not be just or proper and that such a sentence would not serve the intended purpose.