1976 (1) TMI 171 - SC - Indian Laws

Termination without hearing upheld by Supreme Court, High Court jurisdiction overstepped

RESERVE BANK OF INDIA RBI Versus RAMKRISHNA GOVIND MOREY

RESERVE BANK OF INDIA RBI Versus RAMKRISHNA GOVIND MOREY - 1976 AIR 830, 1976 (1) SCC 803 Issues involved: Termination of employment without a hearing, legality of termination under regulations, rejection of applications for amendment of plaint, jurisdiction of High Court in second appeal.Termination of employment without a hearing: The respondent, a clerk grade II at the Nagpur Branch of the Reserve Bank of India, had his service terminated without a hearing on October 27, 1952. He challenged this termination in court, alleging it was illegal. The trial court and the District Judge upheld the termination as legal under the Reserve Bank of India (Staff) Regulations, 1948.Rejection of applications for amendment of plaint: The respondent made multiple applications for amending the plaint, which were rejected by the trial court. The High Court, in a second appeal, remanded the case back to the trial court for reconsideration of the amendment applications. The Supreme Court found that the High Court overstepped its jurisdiction in second appeal by interfering with the trial court's discretion, especially since a revision application on the same matter had been previously dismissed.Jurisdiction of High Court in second appeal: The High Court's decision to remand the case for reconsideration of the amendment applications was deemed inappropriate by the Supreme Court. The Supreme Court held that the High Court did not properly consider the merits of the appeal and lacked jurisdiction to interfere with the trial court's decision, which was upheld by the lower appellate court. The Supreme Court set aside the High Court's judgment and remitted the matter back to the High Court for disposal of the second appeal on its merits.