Hriday Shankar Tiwari vs District Cooperative Bank Ltd.

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 9137 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 14655 OF 2016]

HRIDAY SHANKAR TIWARI PETITIONER(S)

VERSUS

DISTRICT COOPERATIVE BANK LTD. & ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

1. Despite service of notice, none has appeared for

the respondents.

2. Leave granted.

3. The appellant is before this Court, aggrieved by

the short judgment of the High Court dated 4.7.2017,

which reads as under:-

“1. Called in revised. None appeared to press this writ petition. In the circumstances, we ourselves have perused the record.

2. By means of present writ petition, petitioner has sought following reliefs:

“(a). Issue a writ, order or direction Signature Not Verified in the nature of certiorari quashing Digitally signed by NARENDRA PRASAD Date: 2017.07.20 18:33:55 IST Reason: the termination order dated 2.8.2000 passed by the respondent No.2

1 (Annexure '9' to the writ petition);

(b) issue a writ, order of direction in the nature of mandamus commanding the respondents to reinstate the petitioner in his service with full salary and arrears.”

3. Having gone through the entire writ petition, we do not find any ground entitling petitioner for grant of any of above reliefs. No interference, therefore, is called.

4. Dismissed.

5. Interim order, if any, stands vacated.”

4. We have heard the learned counsel for the

appellant and also gone through the records as

produced by the appellant. Admittedly, there is no

other alternative remedy available to the appellant

for challenging the termination.

5. In that view of the matter, we are of the

considered view that the High Court should have given

an opportunity of hearing to the appellant and

considered the matter on the submissions made by the

appellant. We, hence, set aside the impugned

judgment and, accordingly, the writ petition is

restored. We request the High Court to dispose of

the writ petition, after hearing the appellant

herein.

6. The appeal is, accordingly, disposed of.

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7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [R. BANUMATHI] NEW DELHI;

JULY 17, 2017.

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