J J DAVE Vs. STATE BANK OF SAURASHTRA

JUDGEMENT

(1.) By this petition, the petitioner, who was in the employment of respondent-State Bank of Saurashtra and was working as Cashier-in-charge at the Vadva Branch at Bhavnagar, has challenged the order of dismissal from service, passed by respondent-Bank on 26/2/1986.

(2.) It is, jurisprudentially, very well settled and expounded proposition of law that in a petition, under Article 226 of the Constitution of India, the ambit of Judicial Review is very much circumscribed to examine not the quality of the impugned order or the judgment but the process, the procedure and the nature of holding of inquiry, as the Writ Court cannot tantamount to be an Appellate Court.

(3.) Bearing in mind the circumscribed periphery of the jurisdictional sweep of Judicial Review, under Article 226 of the Constitution of India, the evaluation and the assessment of the merits of the petition, insofar as the process adopted for the ultimate conclusion reaching into dismissal from the service of a Bank Cashier on the ground of misappropriation of money, public fund is concerned, let it be highlighted, at this stage, that the original petitioner was charge-sheeted for having indulged in the corrupt practice and misappropriating the public money in capacity of Cashier of the Respondent-Bank. In response to the charge-sheets, the original petitioner contested the charges.