K PALANIKUMAR Vs. INDIAN BANK

JUDGEMENT

(1.) THIS is an appeal against the order of Mohan, J. , dated 6-3-1980 dismissing Writ Petition No. 2482 of 1979. [1980-I L. L. J. 414].

(2.) AN advertisement appeared some time in December, 1977 in "the Hindu" calling for applications from candidates for appointment as Clerk/shroff under the management of the Indian Bank. the appellant herein was one such applicant. Under column 6 (h) of the application, the candidate was required to furnish the names of relatives, if any, working in the Indian Bank and the nature if relationship together with the name of the branch where they work. This column was left blank by the appellant in the application filed by him. The appellant, however, was appointed as a clerk by an order dated 15-11-1978, and he was called upon to fill up column 11 of the service joining report. That column was also required the appointee to give the name or names of relations, if any, in the service of the bank and the nature of his relationship with them. That column also left blank by the appellant herein. Subsequently, the Bank found out that the appellant's brother by name K. Rajagopalan was employed at the relevant time as an Officer in the Bank's Bombay Fort branch. In view of this, the Bank took the view that there was deliberate supression of particulars in the application form as well as in the service joining report and, therefore, the services of the appellant herein as probationer could be terminated. Consequently, on 14-5-79 the Bank passed the following order :

(3.) WE must in this context refer to clause 3 of the terms and conditions of appointment to which the order itself makes a reference. Clause 3 reads as follows :