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Bombay High Court

BANK OF INDIAversusUNION OF INDIA

Decided
Disposal
DISPOSED OFF

Holding

The High Court set aside the Railway Claims Tribunal’s order directing disciplinary action against the bank officials.

Summary

The Bank of India filed a writ petition challenging an order dated 10 August 2023 issued by the Railway Claims Tribunal, Mumbai Bench, which directed the bank’s Chairman to take disciplinary action against a branch manager and a zonal manager for alleged non‑compliance with earlier Tribunal orders of 22 October 2019 and 5 August 2021. The bank argued that the claimant had withdrawn the entire awarded amount before the Tribunal’s order and had even communicated that there was no complaint, rendering the Tribunal’s direction arbitrary and illegal. The Tribunal relied on Rule 35 and Rule 44 of the Railway Claims Tribunal (Procedure) Rules, 1989, asserting inherent powers to ensure compliance. The High Court examined whether the Tribunal had correctly applied its inherent powers and considered the factual compliance demonstrated by the withdrawal. Finding that the Tribunal ignored material facts and exceeded its jurisdiction by ordering specific disciplinary action, the Court set aside the Tribunal’s order and allowed the writ petition.

Issues considered

  • Whether the Railway Claims Tribunal, under Rules 35 and 44, can direct disciplinary action against bank officials when its earlier orders have been substantively complied with.
  • Whether the Tribunal erred by ignoring the claimant’s withdrawal of the awarded amount and the communication indicating no complaint.
  • Whether the Tribunal exceeded its jurisdiction by issuing a directive to the bank’s Chairman to take specific action against its officers.

Subjects

  • banking
  • Railway Claims Tribunal
  • compliance
  • disciplinary action
  • inherent powers
  • writ petition
  • jurisdiction

Judgment

                                                                       35 WP 2463-24-OS.DOC




                                                                                    Priya Soparkar

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION


                                       WRIT PETITION NO. 2463 OF 2024
                      Bank of India                                            …Petitioner
                           Versus
                      Union of India                                         …Respondent


                      Mr. K. Dev i/by Nahush Shah Legal, for the Petitioner.
                      Ms. Purnima Awasthi, for the Respondent No.1.
                      Mr. Niranjan P. Shimpi, for the Respondent No.3.


                                           CORAM:      SUMAN SHYAM &
                                                       ADVAIT M. SETHNA, JJ.
                                           DATED:      24th AUGUST 2026.
                      PC:-

                      1.     The Writ Petitioner herein is the Bank of India. It has

                      approached this Court assailing the order dated 10 th August, 2023

                      passed by the Respondent No.3 – Railway Claims Tribunal,

                      Mumbai Bench in MA/MCC/39/2021 in OA (II U) MCC/29/2013,

                      the operative part of which reads as follows:-

                                               ORDER
         Digitally
         signed by
                             1) This case, with the orders of the Tribunal, shall
         PRIYA
PRIYA
RAJESH
         RAJESH
         SOPARKAR
SOPARKAR Date:
                             be put up to the Chairman, Bank of India, who
         2026.08.25
         19:27:59
         +0530               will take appropriate action against the erring
                             officials (i) Branch Manager, Wakadpada Branch,
                             Bank of India responsible for non-compliance of
                             specific orders dated 22-10-2019 and 05-08-2021




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                                                  35 WP 2463-24-OS.DOC




      and (ii) Shri Anil Jadhav, Zonal Manager, Bank of
      India, responsible for submitting a misguiding
      compliance Report without looking at the factual
      position, justifying the wrong doing of Branch
      concerned.

      2) Also, the Chairman, Bank of India shall issue
      suitable directions to all concerned to avoid
      recurrence of such scenarios.

      3) The Bank shall submit a Report towards action
      taken in this regard within one month from the
      date of receipt of this order.

      4) ADR/RCT is directed to forward a copy of this
      order to the Chairman of Bank of India for suitable
      action. After receipt of the compliance Report from
      the Bank, he shall put up the case before this
      Bench.

2.    From a bare reading of the operative part of the order dated

10th August, 2023, it is apparent that the direction issued therein is

primarily on account of the fact that according to the learned

Tribunal, the Bank has failed to comply with the orders dated 22 nd

October, 2019 and 5th August, 2021 for which, the Bank Manager

was held to be responsible.


3.    By referring to the order dated 10th August, 2023, Mr. K. Dev,

learned counsel appearing for the Petitioner submits that the

Respondent No. 2 i.e. the Claimant had withdrawn the entire

amount from the bank prior to 23rd February, 2023. On 23rd




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                                                35 WP 2463-24-OS.DOC




February, 2023, a communication was also issued by the Claimant

to the effect that he had no complaint against the Wakadpada

branch of the Bank of India. Notwithstanding the same, submits

Mr. Dev, the learned Tribunal had passed the impugned order

directing disciplinary action to be taken against the Branch

Manager, in a manner which is completely unfair, arbitrary and

illegal. It is also the submission of the learned counsel for the

Petitioner, that by the statements made in paragraph No.3.13 of

the Writ Petition, although the correct facts were brought to the

notice of the learned Tribunal, yet, the relevant documents were

neither taken on record nor were such facts considered before

passing the impugned order. Under such circumstances, the

Petitioner’s counsel submits that the impugned order is liable to be

set aside by this Court.


4.    In response to the above arguments, Mr. Niranjan P. Shimpi,

learned counsel appearing for the Respondent No.3 has argued

that the impugned order was passed by the learned Tribunal, for

the ends of justice and in exercise of powers conferred under Rule

35of the Railway Claims Tribunal(Procedure) Rules 1989(the Rules

of 1989), as otherwise the order of the learned Tribunal would not




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                                                 35 WP 2463-24-OS.DOC




be complied with and the Tribunal would be rendered completely

toothless. According to the learned counsel, the exercise of such

jurisdiction would enable the Tribunal to effectively discharge its

judicial functions by ensuring compliance of its order(s).


5.    We have considered the submissions made at the Bar and

have also gone through the material on record.


6.    It appears that the learned Tribunal had earlier passed

judgment and order dated 22nd October, 2019, awarding a sum of

Rs.8,00,000/- in favour of the Claimant with a further direction

that the Claimant shall be permitted to withdraw Rs.1,00,000/-

and remaining Rs.7,00,000/- to be invested in the bank in the form

of fixed deposits.


7.       On 5th August, 2021, the learned Tribunal had passed

certain directions indicating the manner in which the Claimant

should be permitted to withdraw some amounts for repair of the

house.


8.    As noted above, the impugned order has been passed on the

ground that the order dated 22 nd October, 2019 and 5th August,

2021 have not been complied with by the then Manager of the




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                                                  35 WP 2463-24-OS.DOC




Bank, viz., Mr. Anil Jadhav, who was held to be responsible for the

same. However, a perusal of the communication dated 23 rd

February, 2023 issued by the Claimant goes to show that the entire

amount had already been withdrawn by the Claimant from the

Bank prior to issuance of the impugned order dated 10th August,

2023.


9.      A perusal of the statements made in the Writ Petition further

goes to show that in paragraph No.3.13, the Petitioner has made

the following statements:-


        3.13 However, Respondent No.3 found the said
        compliance report unsatisfactory. The Petitioner on
        the date of the hearing i.e. on 10 th August, 2023
        sought to file a detailed compliance report, however,
        Respondent No.3 rejected the request of the
        Petitioner. Furthermore, the Petitioner and its
        advocate attempted to make submissions in regards
        to the inadvertent non-compliance of the Order on
        account of the situation prevailing in the branch and
        sought an apology for non-compliance of the Orders
        dated 22nd October, 2019 and 5th August, 2021,
        however, Respondent No.3 refused to entertain any
        submissions made by the Petitioner. The Petitioner
        even sought to produce the aforesaid letter dated 23 rd
        February, 2023 addressed by the Respondent No.2 to
        the Petitioner before the Respondent No.3 but
        Respondent No.3 dismissed all the submissions of the
        Petitioner and proceeded to pass the said Impugned
        Order dated 10th August, 2023 directing the
        Chairman of the Petitioner Bank to take appropriate
        action against the erring officials of the Petitioner




                               Page 5 of 8
                                                35 WP 2463-24-OS.DOC




      Bank and further issue such directions to all
      concerned to avoid recurrence of such scenarios. The
      Respondent No.3 further directed the Petitioner to
      submit yet another report towards action taken in
      regard to the aforesaid directions within a month
      from date of receipt of the said Order. Hereto marked
      and annexed as "Exhibit F" is a copy of the said
      Impugned Order dated 10th August 2023.”

10.   No reply has been filed on behalf of the Respondent No.3 to

deny the above assertion. Therefore, such statements made by the

Writ Petitioner must be deemed to be correct.


11.   If that be so, we are of the opinion that the learned Tribunal

has passed the impugned order by ignoring the intermittent

developments, which included withdrawal of the amount by the

Claimant, thus indicating substantive compliance of the order

dated 22nd October, 2019, as well as order dated 5 th August, 2021

passed by the learned Tribunal.


12.   Mr. Shimpi, has relied upon Rules 35 and 44 of the Rules of

1989 which read as follows:-

      “35. Orders or directions by the Tribunal-The
      Tribunal may pass such orders or give such directions
      as may be necessary or expedient to give effects to its
      orders or to prevent abuse of its process or to secure
      the ends of justice.”
                  xxxxxxxxxxxxxxxxxxxxxxx
      “44. Inherent powers of the Tribunal-Nothing in




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                                                35 WP 2463-24-OS.DOC




       these rules shall be deemed to limit or otherwise
       affect the inherent power of the Tribunal to make
       such orders as may be necessary for the needs of
       justice or to prevent abuse of the process of the
       Tribunal.”

13.   It is correct that under Rule 44 the learned Tribunal would

have inherent powers to issue order for the purposes mentioned

therein which may include the purpose of ensuring compliance of

its order. However, in order to exercise such powers, the relevant

facts and circumstances of the case would have to be taken note of.

In a matter where the order(s) of the Tribunal had been apparently

implemented, there was no justification, for the learned Tribunal to

issue the directions by the impugned order dated 10 th August,

2023. Moreover, whether the bank official was guilty of

misconduct or not,     is a matter entirely for the disciplinary

authority to take a decision on. Therefore, we are of the view that,

it was not correct for the learned Tribunal to issue a direction to

the Managing Director of the Bank to act in a particular manner,

directing that action should be taken against the Manager. If at all

necessary in the facts of the case, a direction could have been

issued by the learned Tribunal for compliance of its order and no

further.




                             Page 7 of 8
                                                 35 WP 2463-24-OS.DOC




14.      For the reasons stated hereinabove, we are of the view that

the Petitioner has made out a good case for interference with the

impugned order by this Court.


15.      Impugned order dated 10th August, 2023 is therefore, set

aside.


16.      The Writ Petition stands allowed.


17.      Parties to bear their own costs.



(ADVAIT M. SETHNA, J.)                         (SUMAN SHYAM, J.)
                                                                    {




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