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august 1989

Supreme Court of India · 1989-08-22

PRATHAMA BANK, HEAD OFFICE MORADABAD,THROUGH ITS CHAIRMAN vs VIJAY KUMAR GOEL & ANR.

Citation / case number
SC 1985/67101
Court
Supreme Court of India
Petitioner
PRATHAMA BANK, HEAD OFFICE MORADABAD,THROUGH ITS CHAIRMAN
Respondent
VIJAY KUMAR GOEL & ANR.
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that the Regional Rural Bank is not a 'public servant' under Section 2(b) of the U.P. Public Services (Tribunal) Act, 1976, and thus the respondent's suit for reinstatement was maintainable. The Court confirmed the lower courts' decrees, emphasizing that the respondent was denied adequate opportunity to defend himself, violating principles of natural justice. The Court also clarified that the Regional Rural Bank, while established under the Regional Rural Banks Act, 1976, does not qualify as 'State' under Article 12 of the Constitution, as it is not an instrumentality of the government despite some state funding.

PRATHAMA BANK, HEAD OFFICE MORADABAD,THROUGH ITS CHAIRMAN vs VIJAY KUMAR GOEL & ANR. · Niyam