PRASHANT B NARNAWARE Vs. VIJAYA BANK

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash a clause in, the order of appointment dated 7.8.2007, Annexure-B, letter dated 8.8.2009, Annexure-L, letter dated 3.9.2009, Annexure-N, letter dated 6.10.2009, Annexure-Q and the indemnity bond dated 3.10.2007, Annexure-H in so for as it relates to collecting a sum of Rs. 2,00,000/- from the petitioner for breach of terms of order of appointment as damages and for a writ of mandamus to direct the respondents to refund the same.

(2.) Petitioner joined the service of respondent bank on 15.11.1999 as Assistant Manager. Subsequently on 22.2.2007 petitioner was promoted to the cadre of Manager. Thereafter on 7.8.2007 petitioner was selected and posted as Senior Manager.

(3.) On 17.7.2009 petitioner submitted his resignation as per Annexure-K to the post of Senior Manager. On 8.8.2009 respondent bank informed the petitioner to pay a sum of Rs.2,00,000/- for acceptance of resignation in terms of the order of appointment and also the bond executed by the petitioner. Petitioner submitted a reply requesting the respondents to waive the payment of Rs.2,00,000/- as the same was contrary to the banking regulations and opposed to public policy. This request of the petitioner came to be rejected. Finally on 6.10.2009, the respondent bank accepted the resignation of petitioner subject to payment of Rs.2,00,000/-. Accordingly, the petitioner made payment of Rs.2,00,000/- and he was relieved from ser-vice on 20.10.2009. Now the petitioner is before this court inter alia contending that the condition in the order of appointment and the bond obtained by the respondents to pay a sum of Rs.2,00,000/- as contrary to law and banking regulations.