H M TRIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, petitioner has questioned the order of dismissal from the service of the bank, passed on 5-9-1985.

(2.) A conspectus of the material facts giving rise to the present petition, may, shortly, be stated at the outset. The petitioner joined the services of the respondent-bank (Union Bank of India) as a Clerk, on 7-2-1966, and reached, in due course of time, to the post of Branch Manager, in February 1983. In August 1984, the Inspection Team of the respondent Bank had inspected the Sandhier Branch, where the petitioner had worked as Branch Manager. On 22-8-1984, the petitioner was summoned by the Inspection Team to Vihar Guest House, Surat, where statements of the petitioner were recorded, which, according to the petitioner, were obtained by coercion, in respect of the alleged acceptance of illegal gratification from various borrowers.

(3.) The petitioner had served a notice to the respondent-bank, on 27-8-1984, instructing the respondent-bank to write off the statements on the ground that those statements were obtained from the petitioner under coercion and undue influence. It was denied by the respondent-bank that the said statements were taken under coercion or undue influence, as alleged.