High CourtsSingle Bench(2021) 06 KL CK 0151

Joseph Alapatt vs Board Of Directors, Represented By Its Chairman, Catholic Syrian Bank Ltd, Head Office

High Court Of Kerala · Decided on 10 June 2021

HON’BLE JUDGES
C. S. Dias, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 6629 Of 2021

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Judgment

15 paragraphs · 293 words

C.S.Dias, J

1.

The writ petition is filed seeking a direction to the second respondent â€" the Managing Committee of the Board of the Catholic Syrian Bank Ltd

â€" to consider and pass orders on Ext P4 appeal filed by the petitioner within a time frame.

2.

The petitioner has averred in the writ petition that he is a former Deputy General Manager of the Catholic Syrian Bank Ltd â€" a scheduled Bank.

He was removed from service, pursuant to a disciplinary proceedings, by Ext P3 order. The petitioner has challenged the said order by preferring Ext

P4 appeal before the second respondent. The petitioner has also preferred Ext P5 representation. There is inaction on the part of the respondents in

considering Exts P4 and P5. Hence the writ petition.

3.

Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.

4.

The Hon'ble Supreme Court in Federal Bank Ltd vs Sagar Thomas and Ors [(2003) 10 SCC 733] has categorically laid down the law that a private

Banking Company, carrying on banking business as a scheduled Bank, is not amenable to writ jurisdiction of the High Courts under Article 226 of the

Constitution of India. The above view has been followed by a Division Bench of this Court in Mathew Ignatius. C vs. Catholic Syrian Bank Ltd,

Thrissur and Ors [2019 (5) KHC 835].

5.

In view of the empathetic declaration of law in the aforecited decisions and the undisputed fact that the Catholic Syrian Bank Ltd is a scheduled

Bank, I am of the firm opinion that the writ petition is not maintainable.

Resultantly, the writ petition is dismissed reserving the right of the petitioner to work out his remedies as enjoined in law.