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Sbi case

(Querist) 29 May 2020 This query is : Resolved 
Sir, My friend who was terminated in 2013 by SBI due to non disclosure of pending case (False allegations by the parents of a girl when my friend told the parents of the girl to whom his marriage is fixed that he is not interested to marry her as he wanted to marry another girl) at the time of appointment (The case is compromised in Lok adalat and copy is submitted to SBI before termination order is received). My friend filed a case in High court in 2013 and he got the order from the high court in 2017 that termination order is set aside and directed for reconsideration by SBI again. But, SBI didnot respect the court order and it said that it is sticking to the termination. Now, again, My friend has filed case in High court in 2017 citing that SBI didnot follow the instructions of the court. But, till now SBI didnot file the counter even after 2 years of filing the case.My Queries are:

1. Should SBI file the counter for early disposal of the case as his advocate friend told him that unless SBI files counter, we cannot request the judge for Expedite petition.
2. Can we approach SBI Chairman Sir and request him for reconsideration of judgement of the high court which was denied to be reconsidered by his subordinates
Raj Kumar Makkad (Expert) 29 May 2020
1. I differ with the opinion of his advocate friend and want to add that his counsel can pray before Hon'ble High Court to provide the contemnor bank one last opportunity to file counter reply failing which to decide the same on the next date of hearing.

2. When your contempt petition is already pending before High Court, why to meet the Chairman? You can get all past service benefits with interest and cost only through the proceeding of the court rather from any other authority.
Rajendra K Goyal (Expert) 29 May 2020

You Said:
My friend filed a case in High court in 2013 and he got the order from the high court in 2017 that termination order is set aside and directed for reconsideration by SBI again. But, SBI didnot respect the court order and it said that it is sticking to the termination.
Reply:
Order of High court and letter of SBI need to be referred. If the Bank has taken such decision after reconsideration, court orders seem to be fulfilled. If the court has ordered to follow particular procedure for reconsideration, and Bank did not reconsider by following the due procedure, Bank can be held guilty of contempt.
Rajendra K Goyal (Expert) 29 May 2020
You Said:
Now, again, My friend has filed case in High court in 2017 citing that SBI didnot follow the instructions of the court. But, till now SBI didnot file the counter even after 2 years of filing the case.
Reply:
Your lawyer may pray the court to give last chance and afterwards impose heavy penalty on Bank for delay in counter.
Rajendra K Goyal (Expert) 29 May 2020
You Said:
1. Should SBI file the counter for early disposal of the case as his advocate friend told him that unless SBI files counter, we cannot request the judge for Expedite petition.
Reply:
Either counter need to be filed or Court order to proceed without counter. Court when satisfied that Bank is not filing counter intentionally to delay / without sufficient grounds even after giving sufficient chance it may pass such orders.
Rajendra K Goyal (Expert) 29 May 2020
You Said:
2. Can we approach SBI Chairman Sir and request him for reconsideration of judgement of the high court which was denied to be reconsidered by his subordinates
Reply:
When court case is pending, such step is not advised. It is difficult that SBI Chairman would give time for such matter.
If your friend wish, he can approach through Officers Association to the General Manager or the Chief General Manager (HR), they are the most competent authority in such matters.

P. Venu (Expert) 30 May 2020
The High Court can take up the Writ Petition even in the absence of counter being filed by the Bank. Is the Order of the Bank under challenge a speaking Order - that is, one that gives reasons for the decision?

If it is a non-speaking Order, it is liable to be quashed and set aside on that ground itself. If a speaking Order, the counter, if at all filed, cannot travel beyond the reasons given in the Order under challenge.

PCAs I could understand, the facts posted do not suggest any Contempt Petition, but only Writ Petition. And no contempt petition lies, even if the Bank's decision is wrong on law or on facts.

Yes, at this stage, there is no purpose in approaching the Bank Chairman. That option ended once he has chosen to approach the High Court once again.
Raj Kumar Makkad (Expert) 30 May 2020
As the writ petition of the author has already been allowed by Hon'ble High Court but bank has not followed the verdict of the High Court hence there is no need to file fresh writ petition rather a contempt petition lies which author might have filed in which the reply of the bank is awaited. Two writ petitions on the same subject by same party is not maintainable.
Rajendra K Goyal (Expert) 30 May 2020
The counter has not been filed by the Bank in response to contempt petition.

The author has not mentioned clearly whether orders of the Bank were speaking or not?

Fate of petition mainly depend on the orders of the Bank after High Court orders.
Raj Kumar Makkad (Expert) 30 May 2020
There is no relevance of the orders of the bank to know whether those were speaking or non-speaking when the High Court has allowed the writ filed by the author and has directed the bank to reinstate him with full back wages. Where is the relevance of the order of the bank now which stands set aside?
P. Venu (Expert) 31 May 2020
It is highly disappointing that an expert of the stature of Mr.Makkad making repeated postings with no regard to the facts and the legal position just to establish that he stands a rung or two above other experts. Yes, he is the leader among us. With that leadership obligates responsibility, commitment to facts and law and, above above all, the willingness to correct when wrong, irrespective of the standing or stature of the person who has pointed out the shortfall.

Facts and law ought be the beacon lights of this platform and it is our commitment to those basics that should mark the quality of the posting by the experts. Yes, dissent and difference of opinion is unavoidable given the depth and majesty of Law and the sovereignty of Truth, But all such dissent and differences should be based informed perceptions benefiting the persons seeking guidance as well as rendering the expert a better professional.
Raj Kumar Makkad (Expert) 31 May 2020
@Mr. P. Venu

I am surprised to read your last comments meant for me without any reason. Who is your leader, I am not concerned with that. My comments over your last reply are not meant to pinch anyone rather my right to express my dissent note to the observation which is not a sin and moreover, I have not named anyone like you. What is your problem with me? Replying legally is if your problem then kindly mend the way of reacting over my posts/replies. I reserve my right to put another aspect of the replies put earlier by either of the experts. It is surprising that you are ignoring your own writing to have a difference of opion but still not tolerating such different opinion for the reasons best known to you. I never react so sharply but you have made me to put my point of view for your kind consideration and review your personal comments. I always try to learn from other experts including you. Kindly don't take this as a personal rather recognize my right to put all facets of the query/facts/replies/legal position.
P. Venu (Expert) 31 May 2020
Mr. Makkad:

My observation have been based on valid grounds. Please read the original posting carefully. What the author has been that "the termination order is set aside and directed reconsideration .........". There was no direction for reinstatement. The Bank had reconsidered but stuck to their decision of termination. Once again, a petition has been filed. This petition cannot but be a WP, not a contempt petition. There is not even a whisper of any action for contempt in the author's posting.
Sudhir Kumar, Advocate (Expert) 01 June 2020
All depends upon what was the wording of the High Court order.


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