PRATHAMA U.P. GRAMIN BANK & ANR Vs. SUNEEL KUMAR [CIVIL APPEAL NO. 6316 OF 2021 @ SLP (C) NO.12724/2021]
The Hon’ble Supreme Court in this case have restrained the High Court against the practice of the officers of the Bank being summoned to the court.
In this case, the Allahabad High Court had summoned the Chairman of the Gramin Bank while considering a writ petition filed by a workman challenging his termination. The Court also directed the Regional Manager of the Bank to appear in person and to file affidavit stating the number of staffs working in the Bank as Daily Wager.
The Bank challenged these orders before the Hon’ble Apex Court wherein it was held that as under:
“There is no reason for the High Court to summon the Chairman and Regional Manager of the Bank. If the High Court was so sure of the order of termination is contrary to law, the High Court would be well within its jurisdiction to pass such an order but summoning of the officers, discharging public duties, is clearly unwarranted. “
On the above said proposition, the Hon’ble Supreme Court also referred to its earlier decision in The State of U.P. Vs. Manoj Kr. Sharma reported in 2021 SCC Online SC 460 which reinstated against the practice of the officers being summoned to the court.
The Appeal was accordingly allowed by the Hon’ble Supreme Court in this case whereby the direction of the High Court to summon the officers of the Bank were set aside.