CMD BANK OF BARODA Vs. GEORGE JOHN

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant as well as the respondent in person.

(2.) THE case illustrates how aptly the observations made by the Apex Court in Lucknow Development Authority vs M. K. Gupta [ (1994) 1 Supreme Court Cases- 243] are applicable to the present case. The observations are as under: an ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. That is provided by the rule of law. It acts as a check on arbitrary and capricious exercise of power. . A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. . . Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture and help in changing the outlook. The Court further observed : it is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to other with no result. The culture of window clearance appears to be totally dead. Even in ordinary matters a common man who has neither the political backing nor the financial strength to match the inaction in public oriented departments gets frustrated and it erodes the credibility in the system. . .

(3.) IN the present case, the complainant, who has been serving at Dehradun, had a Savings Bank Account at the Ballupur Branch of the Bank of Baroda in Dehradun. For the marriage ceremony of his sister, he wanted to transfer the amount standing at his credit in his account at the Dehradun Branch to Chengannur Branch, District Alappuzha, Kerala. He filed an application for transfer on 22nd March, 2001. The transfer was made by telegraphic message.