BANK OF BARODA Vs. S D TRIKHA

JUDGEMENT

(1.) This Revision petition is directed against the order of the trial Court dated June 7, 1988, whereby the application filed by the Bank of Baroda, defendant, under Section 124 of the Evidence Act, was dismissed.

(2.) The plaintiff S.D. Trikha had filed a suit for declaration. Therein, the plaintiff wanted the defendant to produce certain documents. An application under Section 124, Evidence Act, was filed by the Bank that the documents mentioned at serial Nos. 2 and 4 would affect the policy matter and internal administration of the Bank because these documents contain the subjective assessment of the performance of the candidates who appeared in interview for promotion to scale IV. The trial Court found that the senior/superior should not feel scare of any public criticism on account of their assessment regarding the work and conduct of an employee having come to the notice of the general public. On this account, the application was dismissed.

(3.) The learned counsel submitted that the said documents related to the assessment of the candidates by the committee and the governing body as well. The learned counsel argued that the said documents were not relevant for the purpose of the suit. It was also submitted that the view taken by the trial Court in this behalf was wholly wrong and illegal. In support of the contention, the learned counsel relied upon Dalpat Abasaheb Solunke V. B.B.S. Mahajan, 1990 AIR(SC) 434 and State Bank of India V. Mohd. Mynuddin, 1987 AIR(SC) 1889.