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2025 DAILYLAW 18489 (RAJ)

MUKESH KUMAR CHIRANIA v. CANARA BANK

CW/8513/2013 · 2025-03-11

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:11213] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8513/2013 Mukesh Kumar Chirania Son of Om Prakash, Village Post Lalasi, Via Kuri-Badi, Tehsil Laxmangarh, District Sikar Rajasthan ----Petitioner Versus Canara Bank Through Its General Manager, 112, J.C. Road, Bangalore ----Respondent For Petitioner(s) : Mr. Amit Kumar Dehrah for Mr. Vipin Sharma For Respondent(s) : Ms. Shreya Nayak for Mr. Alok Garg HON'BLE MR. JUSTICE SAMEER JAIN Judgment 11/03/2025 1. The present petition is filed assailing the inaction of the respondent, whereby, respondent-Bank has cancelled the appointment letter of the petitioner vide order dated 17.05.2023, on account of past conviction of the petitioner for the offenses registered under Section 447, 323 and 325/341 of IPC. 2. Learned counsel for the respondent has submitted that as per the provision of Section 10(1) (b) (i) of the Banking Regulations Act, 1949 (for short ‘Act of 1949’), respondent-Bank has rightly withdrawn the appointment letter of the petitioner. The said section is reiterated as below:- “10. Prohibition of employment of managing agents and restrictions on certain forms of employment.—(1) No banking company— (a) shall employ or be managed by a managing agent; or [2025:RJ-JP:11213] (2 of 2) [CW-8513/2013] (b) shall employ or continue the employment of any person— (i) who is, or at any time has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude;” 3. Learned counsel for the respondent has submitted that the fact that petitioner was released on probation for a period of two years after conviction is undisputed. 4. Considering the foregoing facts and circumstances of the case, taking note of the fact that no interim order is operational qua the petitioner, that appointment letter was cancelled in accordance with the provision of Section 10 of the Act of 1949, this Court deems it apposite to dismiss the present petition. 5. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/69