SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(Mad) 1001

A.K.RAJAN
R. P. Rajah – Appellant
Versus
The Chairman Tamil Nadu Mercantile Bank Ltd. & Others – Respondent


Advocates Appeared:For The Petitioner:R.Lawrence, Advocate. For The Respondents:R1, John Zackariah, M/s.Ramasubramaniam Associates, R2, Mohan, M/s. King & Patridge, Advocates, R3, S.Manikumar, SCGSC.

Judgment :-

The prayer in the writ petition is to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Ref.No.ED/St.Gen.Cor.5/89-90, dated 21.4.1989, passed by the Executive, Administration in pursuance of the forced resignation and its subsequent relieving order issued by the Manager, dated 12.7.1989 and quashing the same.

2. The writ petition has been filed against the Chairman, Tamil Nadu Mercantile Bank Ltd., Tamil Nadu; the Governor, Reserve Bank of India, Mumbai; and the Secretary, Ministry of Finance, Government of India, New Delhi. Merely because respondents 2 and 3 have been added as parties, the Court does not get jurisdiction to hear the writ petition. The main relief sought for in the writ petition is against the first respondent, which is a scheduled Bank. As per the judgment of the Supreme Court in FEDERAL BANK LTD. v.. SAGAR THOMAS (2003 AIR SCW 4995), a private company carrying on banking business as a scheduled bank, cannot be termed as an institution or company carrying on any statutory or public duty. Therefore, the writ petition by an employee cannot be said to be trying to enforce any statutory duty on the part of the B




Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top