AXIS BANK LTD. Vs. SHAIWALI PALIWAL

JUDGEMENT

(1.) THIS revision petition has been filed against the Order dated 25/02/2015 passed by the Additional Civil Judge (J.D.) No. 2, Jaipur Metropolitan in civil suit No. 319/2014 whereby, the said Court dismissed the application filed under Order 7 Rule 11 read with Section 151 CPC filed by the petitioner -defendant.

(2.) THE brief facts of the case are that the respondent -plaintiff filed a suit for declaration and permanent injunction against the petitioner -defendant, wherein, it is stated that the plaintiff was appointed as Manager in the petitioner's Bank in the year 2007. Subsequently, the plaintiff was promoted as Senior Manager and Assistant Vice President in the petitioner's Bank. On 19/02/2013, an unofficial investigation was conducted in the absence of the plaintiff and without giving any opportunity of being heard, the petitioner -defendant was served upon a suspension order on 05/03/2014. In the said Order, no reason whatsoever was mentioned therefor and three penalties were inflicted on the plaintiff -respondent. Thereafter, the plaintiffs services were terminated vide letter dated 31/07/2014 without assigning any reasons. The plaintiff -respondent could not be penalized on the same ground again. In this regard, the plaintiff took a plea of Double Jeopardy. The plaintiff has also challenged Rule 3.5 of Bank Staff Rules based on which the services of the plaintiff were terminated on the ground that the said rule is only applicable to the employees who are on probation and not to the regular employees. Therefore, the said Rule is void ab initio as per Section 123 of the Contract Act since the said Rule is against the public policy. The following prayer was sought by the plaintiff in the plaint: - -

(3.) THE petitioner -defendant filed a written statement and denied the allegation made in the plaint.