INDIAN INSTITUTE OF BANKERS Vs. JOGABTATSS DEB

JUDGEMENT

(1.) Heard Mr. S. S. Sharma, learned counsel for the petitioners and also heard Mr. B. R. Dey, learned counsel for the respondents.

(2.) This Revision Petition is directed against the impugned order dated 16-2-1996 passed by the learned Munsiff No. 3 at Guwahati in T. S. No. 272/92.

(3.) The brief facts of the case are that the Respondent No.1 being a permanent employee of the State Bank of India appeared in the Associate Examination, Part-1 in the year 1987 conducted by the petitioner No. 1, Indian Institute of Bankers. The Petitioner No.1, being an association of Bankers with its principal object to encourage study of theory of banking and for this purpose to institute a scheme of examination and award certificate etc. The petitioner No.1 conducted some examinations from Bombay, being its Head Office without having any other office or branch office whatsoever outside Bombay. The examinations of the Institute were conducted on all India basis at about 530 centres all over India. The petitioner No. 1 received certain complaint against the respondent No.1 while he was taking examination under the Institute of the petitioner No.1 with the allegation that Respondent No.1 adopted malpractices in the examination. Consequently, after issuing show cause against the respondent No.1 and considering the explanation filed by him the petitioner No.1 being satisfied that he had adopted malpractices, decided to impose upon the respondent No.1 certain penalties namely (1) to cancel the result of the respondent No.1 for the May 1988 Associate Examination; and (ii) to debar him from appearing in the examination of the Institute up to 31/05/1993.