SWATANTRA KUMAR SINGH Vs. GORAKHPUR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) This appeal was preferred against the Judgment and decree dated August 20, 1990 passed by the learned Additional Civil Judge, Gorakhpur in Civil Appeal No. 147 of 1987 reversing the Judgment and decree dated April 8, 1987 passed by Additional Munsif, 7th Court, Gorakhpur in Original Suit No. 575 of 1983. It was decreed and then on appeal it was remanded and thereafter, the said order dated April 8. 1987 passed decreeing the suit. The appeal was allowed only on the question of maintainability on the ground that it was barred under Section 6 of the U. P. Public Services (Tribunal) Act, 1976.

(2.) Mr. Ashok Bhushan, learned counsel for the appellant had contended that an employee under the Regional Rural Bank is not a public servant within the meaning of Section 2 (b) of the U. P. Public Services (Tribunal) Act, 1976 and as such, the suit cannot be held to be barred in view of sub-section (1) of Section 6 of the said Act. Mr. Ashok Bhushan had relied on a decision in the case of Prathoma Bank v. Vijoy Kr. Goyal and another, AIR 1989 SC 1977, In support of his contention wherein it was held that an employee of a Regional Rural Bank governed by the Regulation framed thereunder is not a public servant,

(3.) Mr. Sharad Verma appearing on behalf of the respondent, however, did not address the Court on the said question. On the other hand, he had raised certain other question which will be dealt with at a later stage.