Supreme Court - Daily Orders
Zonal Manager, Central Bank Of India vs N.V. Subba Rao . on 29 July, 2015
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 1795 OF 2007
ZONAL MANAGER, CENTRAL BANK OF INDIA ... APPELLANT(S)
VERSUS
N.V. SUBBA RAO & ORS. ...RESPONDENT(S)
O R D E R
This appeal is preferred by the Central Bank of India against the judgment and order dated 13.09.2005 passed by the Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Appeal No. 1224 of 2005, wherein the appeal of the appellant-Bank was dismissed upholding the relief granted by the learned Single Judge by modifying the order of punishment to that of reduction of pay in time-scale by three incremental stages, which is a lesser one. The correctness of the said judgment and order is questioned in this appeal urging various legal contentions.
The principal contention urged in this case is that after the impugned judgment and order is passed by the High Court, on the similar charges levelled against the Branch Manager in the criminal case under Section 120-B read with Sections 420, 468 and 471 of the Indian Penal Code and Section 13(2) read with Section Signature Not Verified 13(1)(d) of the Prevention of Corruption Act, 1988, it Digitally signed by Sushil Kumar Rakheja Date: 2015.08.03 has affirmed the conviction and sentence imposed in 13:16:35 IST Reason:
the said case by the trial Judge. The correctness of the same was questioned before this Court by the respondent. This Court, vide its judgment and order 2 dated 3.12.2012, reported in (2013) 2 SCC 162, affirmed the conviction and sentence awarded by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 602 of 2001.
In view of the aforesaid judgment setting aside the punishment of dismissal and imposing lesser punishment by the learned Single Judge, whose order is affirmed by dismissing the writ appeal filed by the appellant-Bank is wholly unsustainable in law. On this ground alone, this appeal must succeed.
In the circumstances, the appeal is allowed and the impugned judgment and order of the learned Single Judge passed in Writ Petition No. 4422 of 1995 and the judgment and Order of the Division Bench of the High Court in Writ Appeal No. 1224 of 2005 are hereby set aside.
........................J. (V. GOPALA GOWDA) .......................J. (ADARSH KUMAR GOEL) NEW DELHI, JULY 29, 2015 3 ITEM NO.108 COURT NO.10 SECTION XIIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 1795/2007 ZONAL MANAGER, CENTRAL BANK OF INDIA Appellant(s) VERSUS N.V. SUBBA RAO & ORS. Respondent(s) (With office report) Date : 29/07/2015 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Appellant(s) Mr. Dinesh Mathur, Adv.
Ms. Priyanka Bharti, Adv. Ms. Jyoti Dastidar, Adv.
Mr. K. Rajeev,Adv.
For Respondent(s) Mr. G.V.R. Choudary, Adv.
Mr. K. Shivraj Choudhuri,Adv. Mr. A. Chandra Sekhar, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER