GAUTAM ROY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) By this petition the petitioner who is working as clerk with the respondent- Bank has challenged the order dated 2nd February 1994 of the Asstt. General Manager of the respondent-Bank terminating the petitioners services with immediate effect. From the pleadings and the material produced before me. following facts emerged.

(2.) The petitioner was appointed as clerk/shroff/godown keeper by the respondent-Bank on 28-9-1981 at its Morvi Branch against the quota reserved for Scheduled Caste. Alongwith the application the petitioner had submitted certificate dated 30th September 1957 issued by the Sub-Divisional Officer Barrackpore (West Bengal) in favour of the petitioners father Prithvish Kumar Saha Roy. The Certificate reads as under: " This is to certify that Shri Prithvish Kumar Saha Roy son of late Bagish Chandra Saha Roy of village Saktipur District Murshidabad in the West Bengal State India belongs to the Sundri community which is recognised as a Scheduled Caste under the Constitution [Scheduled Castes] Order 1950

(3.) In response to the aforesaid notice the petitioner on 22-11-93 demanded that he may be furnished with the letters referred to by the authorities devalidating the relevant community certificate issued by them alongwith copy of all the relevant letters/correspondence entertained by the Bank in this regard with the referred appropriate authorities and all the relevant materials on the basis of which they have issued the same. The respondents vide their letter dated 13 forwarded copy of the proceedings of the Magistrate and demanded reply within a week. Copy annexed with the letter was the same English version of which has been supplied by the respondent to the Court has been quoted hereinabove. On 24-12- 1993 acknowledging copy of the letter dated 13-12-93 alongwith the Mamlatdars communication dated 16-10-93 demanded that the copy of the proceedings dated 16- 10-93 which is handwritten in Gujarati is illegible and does not purport to depict the entire material portion/contents of the deletion/unprint of its vital portions on both the sides of the page perhaps due to inadvertent proceeding/mechanical fault of at the default of the xerox machine. By this letter he requested for a certified true copy of the said proceedings depicting the exhaustive/entire portion of the said document alongwith a neatly typed translated copy of its contents interpreted into English so as to afford him an opportunity to understand the contents effectively and reasonably to prepare his reply to the show-cause notice.