JAI SINGH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) RULE. Respondents waive service. By consent. Rule is made returnable forthwith.

(2.) WHETHER an employee who has applied for voluntary retirement under the Voluntary retirement Scheme (VRS) introduced by the respondent No. 1 Punjab National Bank, is competent to withdraw the same before its acceptance by the Bank in accordance with clause 10 of the scheme is the short question that falls for consideration in this petition under article 226 of the Constitution of India.

(3.) THE petitioner was appointed in clerical grade in the erstwhile New Bank of India with effect from February 10, 1979. He was later on promoted as' 'officer in Junior Management grade" (JMG-1 ). In 1991, the petitioner was chargesheeted for threatening and abusing a peon of the bank and domestic enquiry was initiated against him. In the mean time, New bank of India merged with the respondent No. 1 Bank. By order dated July 4, 1995, a major penalty of "reversion to a lower post from JMG scale to clerical scale" was imposed on the petitioner. Being aggrieved the petitioner has filed Writ Petition being Writ Petition No. 2066 of 1996 in this Court which is admitted and is pending. In view of order of reversion, petitioner was posted in clerical grade at Seepz branch, Mumbai.