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This order will remain operative subject to compliance

of the following conditions :-

1. The petitioner will comply with all the terms and

conditions of the bond executed by him;

2. The petitioner will cooperate in the investigation/trial,

as the case may be;

3. The petitioner will not indulge himself in extending

inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade

him/her from disclosing such facts to the Court or to the

Police Officer, as the case may be;

4. The petitioner shall not commit an offence similar to

the offence of which he is accused;

5. The petitioner will not seek unnecessary adjournments

during the trial; and

6. The petitioner will not leave India without previous

permission of the trial Court/Investigating Officer, as

3 Mcrc. 13704/15

Shivraj @ Shibbu Vs. State of M.P.

the case may be.

A copy of this order be sent to the Court concerned for

compliance.

C.c. as per rules.

(Sheel Nagu)

Judge

(Bu)

<|endofjudgement|>

Karnataka High Court

Manjunath Naik vs The General Manager (P) on 12 June, 2012Author: K.L.Manjunath And Rao

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 12th DAY OF JUNE, 2012

PRESENT

THE HON'BLE MR.JUSTICE K.L.MANJUNATH

AND

THE HON'BLE MR.JUSTICE V.SURI APPA RAO

WRIT APPEAL NO.18015/2011(S-DIS)

BETWEEN

1 MANJUNATH NAIK

AGED ABOUT 45 YEARS

S/O LATE KESHAVA NAIK,

ASSISTANT MANAGER (UNDER DISMISSAL)

SYNDICATER BANK, C/O. A. GOPAL

NAIK, MALLIKA NIVAS, ATHRADI-

MADAGA, PERKALA,

UDUPI DISTRICT -576107

... APPELLANTS

(By Sri : K PRASAD HEGDE, ADV. )

AND :

1 THE GENERAL MANAGER (P)

& APPELLATE AUTHORITY, SYNDICATE BANK,

INDUSTRIAL RELATIONS DIVISION,

PERSONAL DEPARTMENT,

H.O. MANIPAL

2 THE ASSISTANT GENERAL MANAGER

AND DISCIPLINARY AUTHORITY,

SYNDICATE BANK, INDUSTRIAL RELATIONS

DIVISION, PERSONAL DEPARTMENT,

H.O. MANIPAL

2

3 THE ENQUIRY OFFICER

SYNDICATE BANK

INDUSTRIAL RELATIONS DIVISION

PERSONAL DEPARTMENT

H.O, MANIPAL-576 014

... RESPONDENTS

THIS WRIT APPEAL FILED U/S 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO SET

ASIDE THE ORDER PASSED IN THE WRIT PETITION

NO.42041/2011(S-DIS) DATED 18/11/2011.

THIS APPEAL COMING ON FOR PRELIMINARY

HEARING THIS DAY, MANJUNATH J, DELIVERED THE

FOLLOWING:

JUDGMENT

Questioning the legality and correctness of the

order passed in W.P.No.42041/11 dt.18.1.2011 this

intra court appeal is filed by the appellant.

2. The appellant who is an employee of the

Syndicate Bank had unauthorisedly transferred a sum

of Rs.50,000/- and Rs.20,000/- on two occasion from

the customers account to his account. Therefore, the

disciplinary proceedings were initiated. The appellant

having admitted the mistake committed by him as

also remitted the amount to the Bank. The learned

Single Judge considering the back ground of the

3

appellant has dismissed the petition on the ground

that appellant is guilty of misconduct and in view of

his admission that he has un-authorisedly transferred

the amount of Rs.50,000/- and Rs.20,000/- from the

customers account to his account, has rejected the

Writ Petition confirming the order of dismissal. This

order is called in question in this appeal.

3. Having heard the counsel for the appellant,

we do not see any reasons to interfere with the order

of the learned Single Judge as the appellant being an

employee of the Syndicate Bank has mis-appropriated

the funds of the customer. Therefore, it is not a case

for interference.

4. Accordingly, the appeal is dismissed.