RAMESHBHAI DAHYABHAI SHAH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dtd. 29/1/2013 passed by the Disciplinary Authority as well as order dtd. 30/5/2014 passed by the Appellate Authority. The petitioner has prayed for the following reliefs :-

(2.) The facts giving rise to present petition are that the petitioner, at the time of the merger of Hindustan Commercial Bank Ltd., with Punjab National Bank ("PNB" for short) was working as an Assistant General Manager (AGM) with the erstwhile Hindustan Commercial Bank, now merged with Punjab National Bank, and in the year 1987, the decision came to merge the erstwhile Hindustan Commercial Bank with Punjab National Bank, issue arose of merging of the employees of both the banks. And there was a fear in the officers of the Punjab National Bank that the officers of the merging bank who are seniors to them may take away advantages that would otherwise have accrued to them. Consequentially, a large number of employees including all but one AGMs were not taken over by PNB alongwith all other employees of Hindustan Commercial Bank Ltd without following the due process of law either by PNB or HCB. The petitioner was one of the AGMs.

(3.) In view of the aforesaid facts, the petitioner has preferred present petition praying inter alia that the orders dtd. 29/1/2013 and 30/5/2014 passed by the authorities be quashed and set aside.