VIJAYA BANK Vs. ABHIMANYU KUMAR

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dtd. 19/4/2023 passed by learned Single Judge, whereby writ petition came to be allowed and learned Single Judge held that the appellant-Bank-the respondent in the writ petition, since was not justified in recovering the bond amount of Rs.3,00,000.00, it was required to refund the said amount to the petitioner.

(2.) Two prayers were made in the petition. First was to set aside condition in Clause 11(k) of the letter of selection/appointment issued to the petitioner. It was secondly prayed to set aside the indemnity bond dtd. 2/11/2011 insofar as it related to recovery of sum of Rs.3,00,000.00. The petitioner prayed to direct the respondents to refund the amount.

(3.) It is the case of the petitioner that prior to his appearing in the selection process by the appellant-Bank, he had applied in August 2011, for employment in the Steel Authority of India Limited (SAIL). The SAIL issued offer letter of appointment on 2/4/2012. It was stated that having received the said letter of offer, the petitioner opted to join the services under the same. The petitioner stated that therefore, he tendered his resignation from the services of the appellant-Bank, on 5/4/2012 stating that he had preferred employment under the SAIL, instead of the appellant-Bank for the reason that the posting as well as the scale of pay are favourable to him.