P L BHARDWAJ Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE services of the appellant were terminated on 17th June, 1970, under Rule 18 of the State Bank of India (Officers and Assistants) Services Rules. He instituted Civil Writ No. 711 of 1970, which was decided by judgment dated 3rd May, 1971, against the petitioner. The unsuccessful petitioner has then appealed under clause 10 of the Letters Patent. The appeal was filled on 12th July, 1970, immediately after the re-opening of the High Court after vacations, so it is within time.

(2.) THE Rule under which the services of the appellant were terminated, i. e. , Rule 18 reads as follows : "18. The Bank may terminate the service of any employee other than a Probationary Assistant on given him three calendar months' previous notice in writing or three months' susbtantive salary in lieu of notice".

(3.) THE order that was passed by the Managing Director of the State Bank of India on 17th, June, 1979, which is impugned reads as follows : "bombay, 17th June, 1970. Shri P. L. Bhardwaj, Dear Sir, We have to advise that the Executive Committee of the Central Board at its meeting held to day resolved that your services be terminated in terms of Rule 18 of the State Bank of India (Officers and Assistants) Services Rules on payment of three months' salary in lieu of notice. Accordingly your services stand terminated with effect from the 20th June, 1970. Yours faithfully, Sd.-Managing Director". Thus the services of the appellants were terminated by giving him three months' salary under the aforementioned Rule. It cannot be said that the order is contrary to the Rule.