M A MAJEED Vs. CHAIRMAN DENA BANK

JUDGEMENT

(1.) This writ petition has been filed seeking writ of certiorari calling for the records relating to the order dated 13-12-1990 made in proceedings No.BZO: PER: 4820:90 issued by the respondents-Bank as confirmed in order dated 30-11-1993, and to quash the same as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to reinstate the petitioner with continuity of service by giving all the monetary and attendant service benefits including the seniority.

(2.) The brief facts of the case are that the petitioner was appointed as an apprentice in respondent-Dena Bank, a nationalized bank and after his appointment he was posted at Hyderabad, at Bank Street branch. In the year 1978, the petitioner was promoted as an officer in the cadre of Junior Manager Grade-I. By virtue of the said promotion, the petitioner was posted to work at Bank's Branch Office at M.G. Road, Secunderabad. In the year 1981, he was further promoted as an additional Accountant and on such promotion he was posted with the bank's branch office at Koti, Hyderabad. The petitioner continued to work in the said post till he was once again promoted in the year 1982 as an Accountant. On promotion as an Accountant, he was posted at the Bank's Branch at Sanathnagar, Hyderabad. In the year 1987, he received further promotion as Branch Manager and was posted as Branch Manager to Dharmaram Branch, Nizamabad District.

(3.) The petitioner states that he was promoted as Manager in MM-II Cadre and was posted to Belgaum branch. He was relieved from the Dharmaram branch, Nizamabad District on 27-10-1988 and reported to duty at Belgaum branch of the respondent-Bank. Upon being appointed and posted as Manager in MM-II Cadre in Belgaum branch, he was forced to apply for medical leave since he was not keeping good health. The petitioner states that subsequently he received a communication from the respondents stating that he should submit himself before the panel of doctors appointed by the bank. Thereafter, the bank has changed its intention and gave a go-by to the said communication and called upon him to appear before the Medical Board appointed by the Director of Medical Services. In obedience to the said directions of the bank, the petitioner appeared before the Medical Board, on two occasions the Medical Board refused to check him as the respondent-Bank did not remit the entire amount to the Medical Board, since the Medical Board would not check a person unless the whole amount is remitted and therefore he cannot be blamed for the same. Despite the specific directions that the Dharmaram Branch, Nizamabad District had to deposit the amount to the Medical Board, Branch failed to do so.