DILIP KUMAR PRASAD S/O SRI BALBHADRA PRASAD Vs. KOSI KSHETRIYA GRAMIN BANK, NOW RENAMED AS UTTAR BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the Counsel for Uttar Bihar Gramin Bank, who has Tiled counter affidavit which is taken on record.

(2.) Petitioner at the relevant time served Kosi Kshetriya Gramin Bank, hereinafter referred to as "the Bank", which has since been merged with the Uttar Bihar Gramin Bank, has filed this writ application questioning memo dated 8.5.2002, Annexure-2, whereunder General Manager of the Bank has found the petitioner unfit for confirmation and terminated his services under Clause 8(3)(a) of the Service Regulations of the Bank as also has given him cheque for payment of one month salary in lieu of notice. It is submitted on behalf of the pedtioner that the aforesaid termination order/notice is contrary to the Service Regulations as prior to the service of the termination notice, Petitioner was served with memo dated 8.3.2002 highlighting the misconduct alleged against him and with reference to the said misconduct the General Manager of the Bank was directed by the Chairman to serve notice under Clause 8(3)(a) of the Regulations terminating his services w.e.f. 18.3.2002, the date on which he was to complete his probation.

(3.) It is submitted on behalf of the petitioner that had the petitioner been given opportunity to defend himself, he would have satisfied the competent authority that the twelve allegations, which have been referred to in the memo dated 8.3.2002 are non-existent in view of reports received from time to time from the Branch Manager of the Branch where the petitioner served during his probation period. In this connection it is pointed out, that Petitioner was appointed in the Bank on probation under appointment letter, dated 2.9.2000, Annexure-3. In response to the said appointment letter Petitioner submitted his joining in the head office whereafter under memo dated 20.9.2000, Annexure-4 he was directed to join Chhatarpur Branch of the Bank on 22.9.2000. Perusal of the Memo dated 20.9.2000 directing the petitioner to join Chhatarpur Branch would indicate that copy of the said memo was also given to the Branch Manager and the Area Manager who were directed to monitor the working, conduct and attendance of Petitioner as also to maintain his personal file with further direction to submit report on his conduct, attendance and working at the end of every month. In compliance of the direction, contained in memo dated 20.9.2000 Petitioner submitted his joining in the Chhatapur Branch, Supaul, and his work in the Branch was found satisfactory, the Branch Manager and the Area Manager submitted satisfactory report, which is dated 3.10.2000, 18.11.2000 and 8.6.2001, contained in Annexure-5 series.