AKSHAY VERMA Vs. CANARA BANK

JUDGEMENT

(1.) By way of this writ petition, the petitioner makes a prayer for directions to the respondent/bank to withdraw the letter dated 13th April, 2000 (Annexure P-17) and seeks grant of appointment to the petitioner.

(2.) The facts giving rise to the present petition briefly stated and to the extent necessary for adjudication of the present writ petition are noticed hereinafter. It appears that the petitioner is a handicapped person having 100% disability of hearing impairment in both ears which has been admittedly assessed as 100% disability. The petitioner was appointed by the respondent/bank on probation as a clerk/typist on 18th October, 1999 subject to his acceptance of the terms and conditions of appointment set out in the letter of the same date. It was stated in this letter that the initial appointment of the petitioner was on probation which would initially be for a period of six months from the date of his joining extendable by a further period not exceeding three years. The bank reserved the right to dispense with the services of the petitioner even on the expiry of the probation period without assigning any reasons. As per para 11 of the appointment letter, confirmation of the petitioner was subject to satisfactory reports regarding his character and antecedents upon verification by the police. It was stipulated that if the police report was adverse, his services could be terminated.

(3.) There is no dispute that upon the character report being sought from the local police, it was reported by the Deputy Commissioner of Police that the petitioner had been implicated in a case by the wife of his elder brother. This criminal case was registered as FIR No. 140/95 under Sections 498A/406/324/34 of the Indian Penal Code by the Police Station JanakPuri, New Delhi. It was also reported that in this case, apart from the petitioner his elder brother and other close relatives had been implicated and that the case was pending trial before the Metropolitan Magistrate.