SYNDICATE BANK Vs. VENKATARAMA MURLIDHAR SHENOY

JUDGEMENT

(1.) This is an appeal directed against the order dated February 5, 2001 passed by a learned single Judge whereby the learned single Judge allowed the writ petition. Aggrieved againsl this order the present appeal was filed.

(2.) Brief facts which are necessary for disposal of this appeal is that at the relevant time the respondent/writ petitioner was the sub-Manager in Netaji Subhas Road Branch of appellant/Syndicate Bank. He was dismissed from service on the allegation that he issued four delivery orders to National Screw & Wire Products Limited, a constituent of the appellant without having adequate security and/or credit and without conforming to the rules and regulations of the bank.

(3.) In or about 1976 the appellant was working as sub-Manager under one B. Vasantha, Branch Manager of the said branch of the appellant. On the relevant date Vasantha was absent and during his absence the respondent/ writ petitioner was officiating as Branch Manager. According to the respondent/writ petitioner on the verbal instruction of Vasantha he released four delivery orders to the constituent without following the regulations. According to the respondent/writ petitioner, although he was reluctant to issue such delivery order, he was compelled to do on the basis of oral instruction by Vasantha. The subject incident took place during the period of emergency and the respondent/ writ petitioner was afraid of being harassed by his superior in case he disobeyed the order of Vasantha.