Time and Again Opportunity of Hearing cannot be Granted to the Litigants on the Pretext of Justice:
STATE BANK OF INDIA & ORS. Vs. ATINDRA NATH BHATTACHARYYA & ANR. (25/07/2019): In the referred case, despite of giving reasonable opportunity the respondents did not appear in disciplinary proceeding on the ground that the respondent have approached to the higher court against disciplinary proceedings of the Appellant Bank. In the instant case, the Division Bench of the Hon’ble Supreme Court held that once the respondent has failed to avail of opportunity of hearing granted, the non-complaint litigants (i.e. litigants with delaying tactics) cannot be given another opportunity for the sake of justice. The Court held that respondents prayer for giving fresh opportunity of hearing in the Disciplinary proceedings is not tenable on the pretext that the action of the Disciplinary Authority has been challenged and sub-judice. Other important cases on the same points are—Bank of India v. Apurba Kumar Saha (1994) 2 SCC 615; State Bank of India & Ors. v. B.R. Saini (2018) 11 SCC 83.
