LAWS(PAT)-1983-4-25

KUNDAN BHARTHUAR AND ORS. Vs. STATE BANK OF INDIA AND ORS.

Decided On April 26, 1983
Kundan Bharthuar And Ors. Appellant
V/S
State Bank of India And Ors. Respondents

JUDGEMENT

(1.) The Petitioners are employees of several nationalised banks. Certain examinations were held by Indian Institute of Bankers (Respondent No. 4) (hereinafter referred to as the Institute) in which the Petitioner took part. After examination, of the answer books the Institute was of the view that the Petitioners had resorted to unfair means at the examination. They were, accordingly, served with show cause notice as contained in annexure -2 series. Subsequently, by the impugned annexure -3 series the result of the Petitioners examination were cancelled and they were debarred from appearing at the Institute Examination for the next two years ending on 30th November, 1982. It was also stated that a report would be sent to the banks in question.

(2.) The Petitioners' case is that they did not use any unfair means at the examination and the view taken against them by the Institute is illegal and fit to be quashed. His writ application has been filed for setting aside annexure -3 series.

(3.) Learned Counsel for the Petitioners has contended that the material relied in the show cause notice does not justify the conclusion arrived at by the Respondents. It has also been argued that the Institute was under a duty to deal with the show cause filed by the Petitioners and give reasons in support of the final order.