Justice denied by bank
suneetha Jain
(Querist) 08 November 2017
This query is : Resolved
Sir, We have won a case against Bank regarding non disclosure of pending case at the time of appointment. The Hon;ble High Court clearly ordered the Bank to set aside the termination order and reconsider the matter and give a fresh reasoned order. But, Bank said that it reconsidered the issue and felt that termination is correct. It clearly is violation of Indian Judiciary by the Bank officials. So, What should I do now?? When Bank does not respect Hon'ble Justice, what should I do?? If I file a contempt of Court case, how long will it take to clear because for the above order, it took 4 long years.
Isaac Gabriel
(Expert) 08 November 2017
Did the court set aside the termination? It seems that the court issued orders remanding the matter. Contempt will not arise.
Rajendra K Goyal
(Expert) 09 November 2017
Court has not set aside the matter but ordered to reconsider and for reasoned orders. Bank says it has reconsidered and termination is justified.
Contempt case has negligible merits.
If new ew orders are not reasoned or does not fulfill the requirements of High Court orders, you can approach the law again.
Guest
(Expert) 09 November 2017
Ms. Suneetha,
I feel you have the need to recheck the order of the court, as both the positions "set aside the termination order" and "reconsider the matter" cannot be correct at one time.
If the court has ordered to reconsider the matter that was "JUST ICE" as placed on your case in the shape of the term "reconsider the matter" by which the court gave an open option to the bank to do whatever they liked by merely giving a reasoned order. So, if they "reconsidered" the matter and gave you a reasoned order, may be of termination again, there was no violation of the Indian Judiciary, as against your assumption.
There is no element of contempt of court, as the court did not give any clear mandate to the bank. The court seemed to have just ordered for reconsideration, which the bank did on its part. Non compliance cannot be said to be there.
In fact there was a lack of a clear decision on the part of the court, rather, the judge preferred to remit the case to the bank to reconsider. For that you can blame only your own lawyer, who failed to get a clear verdict of the court.
Better file a revision or an appeal, instead of a case of contempt of court, but through some most competent lawyer, who can assure you justice. Contempt case, if tried, is sure to fail 100% tending to waste of your money and valuable prime time with frustration more than even that, which you may be feeling now..
suneetha Jain
(Querist) 09 November 2017
Sir, The Court clearly said 'since the impugned order appears to have been passed without keeping in mind these principles in Avtar Singh Case , I deem it appropriate to set aside the impugned order dt.03-05-2013 and remit the matter back to the 1st respondent (Bank) to reconsider the issue keeping in mind the principles laid down in the judgment of the Supreme Court in Avtar Singh.' This is the order of the Bank. So, my point is Bank should give any new order except termination. Right?? But, Bank rejects the court order and is saying termination is correct. So, it is a clear violation of Indian Law by the Bank. Pls Suggest??
Sudhir Kumar, Advocate
(Expert) 09 November 2017
You are not sharing the facts. whatever you are sharing is on installment basis
you are now telling it that the High court has remanded the matter back to employer as the order was not keeping pace with Avatar Singh case. You are not telling how the present order also violates Avatar Singh case.
suneetha Jain
(Querist) 09 November 2017
I Request Issac Gabriel Sir, JIGYASU Sir, to respond please
P. Venu 
(Expert) 09 November 2017
You have already opened a thread, please continue in the same. Even otherwise, the direction of the Court was for reconsideration of the termination. The bank can decide the issue at its discretion. If the decision is not judicious, there is the option to approach the Court once again.
Guest
(Expert) 09 November 2017
Examination of judgment along with case related documents is quite necessary to arrive at some purposeful opinion for appropriate guidance.
suneetha Jain
(Querist) 09 November 2017
I request you to know that when the court clearly stated to set aside termination order and reconsider the issue, The Bank has to issue any order except termination. But, when Bank again gave termination order, it comes under contempt of court as far my knowledge in law is concerned. Right??
Guest
(Expert) 09 November 2017
Your last educative post reveals as if you know better than the experts. You could better have asked your own lawyer what to do next.
Dr J C Vashista
(Expert) 10 November 2017
Consult your lawyer who is well equipped with relevant facts and ratio of judgement which you are unable to disclose (even in bits and pieces). If you have lost faith in your lawyer change him/her immediately and hire services of another local prudent lawyer with full case file.
No comments can be offered on the basis of surmises and conjunctures.
