VIJAY KRISHNA NEEMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) BY this petition, petitioner has challenged quashing of the orders (Anncxure P -6, dated 9 -2 -97 and Annexure P -5, dated 6 -4 -87), an order of voluntary abandonment of services from the Bank and appellate order (Annexure P -16, dated 24 -10 -97), dismissing the appeal of the petitioner against an order dated 6 -4 -87, Annexure P -5.

(2.) THE facts of the case arc that the petitioner was appointed as Clerk in the respondent Bank, Central Bank of India with effect from 31 -7 -1973. He was also confirmed with effect from the date of joining. The petitioner was sick having some lever ailment so he submitted an application on 22 -7 -86 to 25 -7 - 86. Thereafter he further extended his leave from 26 -7 -86 to 1 -8 -86. Then the ailment of the petitioner was continued. He further submitted an application for medical leave from 2 -8 -86 to 31 -10 -86. Thereafter he applied for extension of his medical leave vide letter dated 2 -11 -86.

(3.) THEN the petitioner inquired from his old residence 192, Jawahar Marg, Indore thereafter he got the letter dated 6 -4 - 87 received on 24 -4 -87. The letter is dated 6 -4 -87 impugned alongwith the said letter a copy of the notice was also received. The said letter was sent under postal certificate. It is mentioned in the letter (Annexure P -5) that petitioner ceased to be in the Bank's employment with effect from 19 -3 -87 as he had voluntarily abandoned the bank service. Alongwith the letter a notice said to be sent to the petitioner was also enclosed. It is mentioned in the notice that vide letters dated 5 -8 -86, 18 -8 -86 and 13 -10 -86, petitioner was asked to attend duties immediately or submit his reasons within three days. It is further mentioned that vide letter dated 13 -8 -86 sent to his residence he had no intention for continuing in service of the Bank and he was again called upon to report for duties within thirty days of this letter and submit his explanation for unauthorized leave with effect from 2 -8 -86 to 31 -10 -86 and report for duties if he did not report it will be deemed that he has voluntarily retired from service after the expiry of the date.