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2002 DIGILAW 660 (PAT)

Sawalia Singh v. Bihar State Cooperative Land Development Bank Limited

2002-05-24

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2002
Judgment 1. This Letters Patent Appeal has been filed against the order dated 29 April, 2002 in C.W.J.C. No. 8911 of 2000 : Sawalia Singh & Ors. vs. Bihar State Co-operative Land Development Bank Ltd. & Ors. [Being reported in 2003(1) PLJR 753 ]. 2. The learned Judge declined to interfere on the writ petition which had challenged the order of compulsory retirement. Basically, two arguments had been advanced. One was that while the petitioners had been compulsorily retired there was another incumbent of the bank who had been granted extension. On this, the learned Judge has observed that the two situations are not comparable. The extension had been granted on an approved efficiency and in so far as the petitioners are concerned they had been compulsorily retired for inefficiency. 3. The factual aspect that the petitioners could not have been compulsorily retired, on this, the submission was to the effect that if there was any blame it should be on the officers as loans which are discharged up to a certain amount, for instance Rs. 25,000/- or 50,000/-, the officers of the bank are liable and not the staff below. On this aspect the bank gave a counter affidavit, to the effect, that the issue is being confused as the petitioners had arranged to give loans of more than Rs. 5000/- to several persons and had not mentioned the details of the persons to whom the loans had been granted. This is in itself a serious matter. 4. In the circumstances, the record as it lies, this Court cannot certify that the learned Judge has committed any error in dismissing the writ petition and not granting the relief as prayed. 5. Dismissed.