Case Note & Summary
The appellant, Sri. Angadi Vrushabha, was employed as a Field Officer with the 4th respondent-bank, P.C.A. & R.D. Bank Ltd., Huvinahadagali. He was issued a transfer order which he failed to obey and did not report to the new place of duty. Subsequently, the employer issued a notice on 22.03.2003, a show cause notice on 13.05.2003, and a final notice on 13.06.2003. The appellant admittedly did not respond to any of these notices. Consequently, the Competent Authority passed an order terminating his services. Aggrieved, the appellant filed a writ petition before the Single Judge, which was dismissed on 16.03.2017. The appellant then filed this intra-court appeal under Section 4 of the Karnataka High Court Act, 1961. The Division Bench heard the appeal. The appellant's counsel argued that the termination was without jurisdiction and that the appellant had a good case on merits. However, the court noted that the appellant had not only disobeyed the transfer order but also failed to respond to the show cause and final notices. The court found no merit in the appeal and dismissed it, upholding the Single Judge's order. The court did not interfere with the termination order, as the appellant's conduct amounted to insubordination and justified the employer's action.
Headnote
A) Service Law - Transfer - Disobedience - Termination - The appellant, an employee of a co-operative bank, was transferred but failed to comply and did not respond to multiple notices including a show cause notice. The employer terminated his services. The Single Judge dismissed the writ petition. On appeal, the Division Bench held that the appellant's conduct of not obeying the transfer order and not responding to notices justified the termination. The appeal was dismissed. (Paras 2-4)
Issue of Consideration
Whether the learned Single Judge erred in dismissing the writ petition challenging the termination of the appellant for disobeying a transfer order and failing to respond to show cause notices.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the Single Judge. No order as to costs.
Law Points
- Service Law
- Transfer Order
- Disobedience
- Termination
- Writ Appeal
- Karnataka High Court Act
- 1961 Section 4
Case Details
2019 LawText (KAR) (03) 76
Writ Appeal No. 100553 of 2017 (S-RES)
G. Narendar, Bellunke A.S.
Sri. Nagaraj J Appannavar, Sri. Laxman T Mantagani (for appellant); Sri. Ravi V Hosamani (AGA for R1); Sri. R. H. Angadi, Sri. N. C. Patil (for R3)
Sri. Angadi Vrushabha S/o Late Mahantappa
1. The Registrar, Co-operative Societies, Bengaluru; 2. The Secretary, Common Cadre Committee, Karnataka State Primary Co-operative Agriculture & Rural Development Bank Employees Common Cadre Committee, Bengaluru; 3. The Member Secretary, Karnataka State Primary Co-operative Agriculture & Rural Development Bank Employees Common Cadre Committee, Bengaluru; 4. Secretary, P.C.A. & R.D. Bank Ltd., Huvinahadagali; 5. The Secretary, P.C.A. & R.D. Bank Ltd., Kottur
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Nature of Litigation
Intra-court appeal against dismissal of writ petition challenging termination of employment for disobeying transfer order.
Remedy Sought
Appellant sought to set aside the order of the Single Judge dated 16.03.2017 in W.P.No.60030/2011 and allow the writ appeal.
Filing Reason
Appellant was terminated from service for failing to obey a transfer order and not responding to show cause notices.
Previous Decisions
Single Judge dismissed W.P.No.60030/2011 on 16.03.2017.
Issues
Whether the termination of the appellant for disobeying a transfer order and failing to respond to notices was justified.
Submissions/Arguments
Appellant's counsel argued that the termination was without jurisdiction and that the appellant had a good case on merits.
Ratio Decidendi
An employee who disobeys a transfer order and fails to respond to show cause notices cannot claim reinstatement; the employer is justified in terminating services for insubordination.
Judgment Excerpts
The facts in brief are that, the appellant was the employee of the 4th respondent-bank. That, an order of transfer came to be issued by the employer and the appellant failed to obey the same and report to duty.
Admittedly, the appellant has failed to respond to any of the notices.
We see no merit in the appeal. Accordingly, the appeal stands dismissed.
Procedural History
The appellant was terminated by the employer. He filed W.P.No.60030/2011 before the Single Judge, which was dismissed on 16.03.2017. He then filed this intra-court appeal under Section 4 of the Karnataka High Court Act, 1961.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
