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GOKULDAS KAMATH (EX BANKER)     18 November 2014

Time limit to respond court notice

Dear Sir,

Some dismissed officers of a nationalized bank have filed writ petitions in the high court of Karnataka challenging the  legal validity of Service Regulations on disciplinary proceedings under which they were dismissed as these Regulations are not notified in the official Gazette  apart from challenging the decision of the bank to dismiss them by violating service regulations and denial of  principles of natural justice..

In one case,High court has issued notice to the bank 2 years back and in some cases one year back and in my case 4 months back.When I  asked for a copy of gazette copy of Regulations under RTI Act,Bank informed that it is not available with the bank after 34 years.Bank merely states that regulations are notified in the official gazette

There is a  recent Supreme court decision that if Regulations are not notified in the official gazette of India, any action taken on the basis of such Regulations will be null and void and not enforceable

In one particular case legal validity of Regulation is no challenged but writ petition is filed on some other issues.In this case,,Bank has appointed  a lawyer to defend the bank and case is being challenge by the Bank. In all other cases challenging the legal validity of Regulations,,Bank is still silent

1. If bank continue to ignore the court notice,what action can be taken against the bank  by the Petitioners

2. Is there any statutory time limit for the Respondent banks to respond to such notice issued by the high court

3. Whether Bank can take its own sweet time

I request the learned lawyers to guide me in the matter



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 November 2014

Petitioners have to follow up the case time to time. Even prime minister also has to follow court summons in prescribed notice time.Other wise petitioner can inform to the court for not responding by the defendants. Court may impose penalty on defendant banks .

Jai Karan Nagwan (consultant)     19 December 2014

It's good case will be decided in your favour.

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