SH PREM NATH NARULA Vs. SYNDICATE BANK

JUDGEMENT

(1.) Petitioner by this writ petition seeks a declaration that the order dated 28th October,2003 purported to have been passed under Regulation 19(1) and 19(2) of Syndicate Bank Officers Service Regulations,1979 (hereinafter referred to as the Regulations,1979) be quashed as illegal, arbitrary, malafide and discriminatory. Petitioner also claims costs of the writ petition and consequential benefits.

(2.) Petitioner had joined the service of respondent Bank as Clerk on 17.7.1973. In due course, he was promoted as an officer of the respondent Bank in the Junior Management Grade Scale-I after successfully clearing competitive written examination. The petitioner served the respondent Bank in various capacities as Asstt. Manager, Manager and Branch Manager. He was promoted from the Junior Management Grade Scale-I to Middle Management Grade Scale-II, a position which he presently holds. He was posted as Manager of the Bank at Sukhdev Vihar.

(3.) Petitioner claims that he has diligently and honestly performed his duties and that he has received several letters of appreciation also. Petitioner claims that he was rated average and above average and never below average through out his career. Petitioner, therefore, was shocked to receive the notice/ order dated 28.10.2003 passed under Regulation No.19(1) and 19(2) of Regulations,1979. Petitioner was informed that the Competent Authority had formed an opinion that it was not in the interest of the bank or public interest and it was not desirable to let the petitioner continue in the service of the bank. Consequently, an order to retire the petitioner from the services of the bank w.e.f. 1.2.2004 was passed. Petitioner alleges discrimination in as much as he says that there are personnel who have been charge-sheeted and against whom disciplinary proceedings have been initiated, who have been allowed to continue and respondents have followed a policy of pick and choose and retired the petitioner compulsorily.