Balchandra Venkatesh Hegde Vs. Canara Bank & Ors.
EmailAppeal: Civil Appeal No. 1757 of 1988
(Arising out of SLP (C) No. 8347/87)
(Arising out of SLP (C) No. 8347/87)
Petitioner: Balchandra Venkatesh Hegde
Respondent: Canara Bank & Ors.
Apeal: Civil Appeal No. 1757 of 1988
(Arising out of SLP (C) No. 8347/87)
(Arising out of SLP (C) No. 8347/87)
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: May 03, 1988
Head Note:
SERVICE
Reinstatement
Appellant, a bank employee, reinstated in service but his rank was reduced – Termination of service of the appellant set aside and his service restored in the same rent, terms and conditions he was holding when his services were terminated.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. Heard learned counsel for the parties. In deference to the suggestion made by the Court on the earlier occasion, we are happy that the respondent-Bank has agreed to accommodate the appellant. Four terms have been indicated in the affidavit dated 29th April, 1988. Shortly stated, the terms are that the termination of service of the appellant shall be vacated and he shall be taken back to service, but reduced in rank; he would not be entitled to back wages and he would be called upon to give an undertaking for good and disciplined behaviour. His conduct would be subject to review at the end of one year and in case he is found to be unacceptable he would be appropriately punished. Having considered these conditions, we are of the view that the appellant should not be reduced in rank. The rest of the conditions, as indicated, appear to be reasonable.
3. We accordingly dispose of the appeal by directing that the termination of service of the appellant is set aside and he is restored to service in the same rank, terms and conditions he was holding when his services were terminated. He is directed to file the appropriate undertaking within four weeks in the Registry of this Court and supply a copy thereof to the Management. No costs.
1. Special leave granted.
2. Heard learned counsel for the parties. In deference to the suggestion made by the Court on the earlier occasion, we are happy that the respondent-Bank has agreed to accommodate the appellant. Four terms have been indicated in the affidavit dated 29th April, 1988. Shortly stated, the terms are that the termination of service of the appellant shall be vacated and he shall be taken back to service, but reduced in rank; he would not be entitled to back wages and he would be called upon to give an undertaking for good and disciplined behaviour. His conduct would be subject to review at the end of one year and in case he is found to be unacceptable he would be appropriately punished. Having considered these conditions, we are of the view that the appellant should not be reduced in rank. The rest of the conditions, as indicated, appear to be reasonable.
3. We accordingly dispose of the appeal by directing that the termination of service of the appellant is set aside and he is restored to service in the same rank, terms and conditions he was holding when his services were terminated. He is directed to file the appropriate undertaking within four weeks in the Registry of this Court and supply a copy thereof to the Management. No costs.
