Termination from bank
suneetha Jain
(Querist) 12 November 2017
This query is : Resolved
Sir, This query is for Issac Gabriel Sir. "Sir, Because of your advise of Justice Markandey Katju of Sandeep Kumar Case in Supreme Court (Civil Appeal 1430/2007) only, we have started fighting for our case in High Court. Our case is regarding termination from Bank due to non disclosure of pending case at the time of joining the Bank (The case is false case regarding Matrimonial dispute before joining the Bank. The case is settled after joining the Bank in Lok Adalat) Later Avtar Singh Case in Supreme Court also came as a rescue for us. Based on both the cases, we won the case in High Court and the summary of order is as follows."Having regard to the principles laid down above, and since the impugned order appears to have been passed without keeping in mind these principles, I deem it appropriate to set aside the impugned order dt.03-05-2013 and remit the matter back to the 1st respondent to reconsider the issue keeping in mind the principles laid down in the judgment of the Supreme Court in Avtar Singh." But, the Bank did not set aside the termination order given to us dt 03-05-2013 but Bank said " Bank studied the Avtar Singh case according to Judgement and Bank feels that termination order dt 03-05-2013 is correct." Now, My query is Bank did not set aside the termination order. So, Bank feels that it is above law. Bank also feels that it knows law better than Hon'ble Justice. What should I do now?? When a bank does not follow court order, what should we do now??
I request Mr Sudhir Kumar Sir not to respond please. I donot like your attitude. So, Please Please stay away from my queries. Thanks and Regards...
SHREY DAMBHARE
(Expert) 13 November 2017
See first High Court did not said anywhere that said termination was illegal, whereas High Court had remitted matter back to Bank for reconsideration. In this case you don't have case for contempt of court order because while remitting back matter to Bank, there is no direction which impedes using discretion of Bank for consideration. However, you have remedy to file Appeal against order of Bank. Go for 226 jurisdiction file fresh petition challenging this observation of Bank.
Rajendra K Goyal
(Expert) 13 November 2017
Full case file and all orders / documents need to be referred, discuss with senior lawyer.
