MANUBHAI CHHAGANBHAI THAKORE Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The appellant original petitioner has filed this Letters Patent Appeal under Clause-15 of the Letters Patent challenging the order passed by the learned Single Judge on 23.6.2005 in Special Civil Application No. 15105 of 2004 whereby the petition was dismissed with cost of Rs. 5,000/-.

(2.) Civil Application No. 4678 of 2006 is filed praying for stay against the operation and implementation of the order dated 23.6.2005 passed by the learned Single Judge in Special Civil Application No. 15105 of 2004 and further praying for stay against the order dated 5.1.2002 issued by the opponent Bank whereby the applicant original petitioner's resignation was accepted with immediate effect.

(3.) At the time of admission hearing of the Appeal and while considering the Civil Application, this Court has passed an order on 1.5.2006 permitting the applicant original petitioner to submit the representation to the opponent Bank. The Court further observed that as and when such a representation is made, the Bank shall consider it. The Court further made it clear that while the appellant may not have a right to insist that he ought to be taken back in service, that does not mean that the Bank does not have a discretion to consider the facts of the case sympathetically and consider the appellant's request on merits. The Court further stayed the operation of the order of the learned Single Judge directing the appellant to pay the respondent Bank cost of Rs. 5,000/-.