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2012 DIGILAW 2567 (MAD)

Syndicate Bank v. General Manager

2012-06-20

M.VENUGOPAL

body2012
JUDGMENT ( 1. ) THE Petitioner/Association has projected the present Writ of Mandamus, praying for issuance an order by this Court in directing the respondent not to take any disciplinary action against its Members/Association?1/2 on the basis of a report/decision of the District Vigilance Committee by offering reasonable time to enable its Members to pursue the legal remedies available to the Members (including filing of an appeal). ( 2. ) AT the outset, this Court points out that the relief sought for by the Petitioner/Association (as mentioned supra) cannot be granted by this Court, because of the simple fact the prayers like directing the respondent not to take disciplinary action against the Petitioner/Association on the basis of the report etc. are all?1/2 wholesome, omnibus, mechanical prayer based on chemirical deluge. ( 3. ) AT this stage, this Court points out that the term 'person aggrieved' means, a person/party aggrieved whose pecuniary interest is directly affected by an adjudication; one whose right of property may be established or divested thereby. As a matter of fact, a sentimental grievance cannot make a person/party an aggrieved one in the eye of law, as opined by this Court.?1/2 As such, this Court opines that the Petitioner/Association is not an aggrieved person/party thereby having a locus to project the present writ petition. ( 4. ) IT cannot be gainsaid that in the decision of the Hon'ble Supreme Court reported in Kumari Madhuri Patil and another -vs- Additional Commissioner, Tribal Development and others [(1994) 6 Supreme Court Cases 241], it is inter alia observed hereunder:- "15. As soon as the finding is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgment due with a request to cancel the admission or the appointment. The Principal etc. of the educational institution responsible for making the admission or the appointing authority, should cancel the admission/appointment without any further notice to the candidate and debar the candidate from further study or continue in office in a post." ( 5. ) FROM the above, it is crystal clear that an order passed by the Scrutiny Committee could be challenged before the Hon'ble High Court by means of a Judicial Review subject to limitation of interference with findings of fact recorded therein. ) FROM the above, it is crystal clear that an order passed by the Scrutiny Committee could be challenged before the Hon'ble High Court by means of a Judicial Review subject to limitation of interference with findings of fact recorded therein. Viewed in that perspective, the writ petition sans merits.6. In the result, the writ petition is dismissed, leaving the parties to bear their own costs. Connected M.P. is closed.