MANUJENDU DATTA MAJUMDAR Vs. ALLAHABAD BANK AND OTHERS

JUDGEMENT

(1.) Allahabad Bank Limited (the Respondent No. 1) advertised for the post of a Personnel Manager. The petitioner, on the basis of such an advertisement applied for the said post. A copy of the advertisement which appeared in the Statesman, has been included in Annexure "A" to the Writ Petition. The relevant portion of the said advertisement which is material for the instant Rule is the 'Job Requirements' for the post which was as follows:-

(2.) By a letter dated Dec. 12, 1974, a copy of which is also included in Annexure a, the petitioner was offered an appointment in the Bank as its Personnel Manager subject to the terms and conditions as set out in the said letter. Paragraph 9 of the said letter is as follows:-

(3.) By a letter dated April 10, 1981 the Deputy General Manager of the Bank asked the petitioner to submit an explanation within seven days from the receipt of the letter as to why he had written a derogatory remark on 8-4-81 against some notings of the General Manager and he was asked to show cause as to why suitable action should not be taken against him for the said Act of misconduct. A copy of this letter is Annexure 'B' to the petition. By a letter No. ADMN/1/3046 dated Mar. 10, 1981 issued by the General Manager of the Bank the petitioner was advised about his permanent transfer to the Staff College, Calcutta with immediate effect and his posting there as an Instructor. A copy of this letter is annexure 'C' to the petition. By another letter dated April 15, 1981, bearing No. Admn/3/3157 from the General Manager the petitioner was directed to treat the letter bearing No. Admn/1/3046 dated Mar. 10, 1981 as April 10, 1981. A copy of this letter is also included in Annexure 'C' to the petition. The aforesaid order of transfer is the subject matter of challenge in this Rule.