J&K BANK LTD Vs. B K SAWHNEY

JUDGEMENT

(1.) ORDER dated April 15, 1987 passed by Additional District Judge, Jammu is impugned in this Revision petition. By this impugned order the First Appellate Court has confirmed the order of Trial court dated December 10, 1986. Trial court had granted exparte ad interim injunction on 10th of October, 1986. It was subsequently made absolute by it. Against the said order appeal was taken to District Judge which was dismissed - To understand the controversy it is necessary to give facts which lie in brief compass.

(2.) PLAINTIFF -respondent has brought a suit for declaration before the Trial Court to the effect that inquiry proceedings from the stage of charge -sheet dated February 10, 1983 being illegal, be declared null and void and dismissal order issued by the petitioner -Bank be declared invalid & the petitioner -Bank be restrained to give effect to the dismissal order of the plaintiff. It seems that plaintiff a Manager of the petitioner -Bank was placed under suspension and thereafter he was dismissed. Dismissal order is said to be suffering from number of vices including the vice of Inquiry being in violation of rules and in violation of principles of natural justice. It is contended by the plaintiff that he came to know about the order of dismissal from a news paper report published in a local news paper dated October 4, 1986. The order was not communicated to him & on the basis of news paper report he has filed the suit.

(3.) TRIAL Court after passing the ex -parte adinterim order has considered the whole matter afresh after hearing the other side. In the order of trial court two issues about the jurisdiction of the court and about the valuation of the suit were also decided. Both the issues were decided against the petitioner -Bank. The Trial Court was of the opinion that the plaintiff has a prime facie case in his favour and he was likely to suffer irrepa -ra -ble loss if injunction was withheld made its earlier order absolute. It held that dismissal order passed by the authority shall not be given effect to - The said ordet was confirmed in the appeal.