PRAMOD GEHLOT Vs. BANK OF INDIA

JUDGEMENT

(1.) A direction is claimed in this petition for writ for the respondents to consider candidature of the petitioner for appointment in clerical cadre of the respondent Bank, as a consequent to his selection in pursuant to the process taken place under the notice dated 12.7.2010.

(2.) IN brief, facts of the case are that under Clerical Recruitment Project 2010/11, the respondent Bank of India initiated process of selection for recruitment in clerical cadre against 2467 posts, out of which 47 posts were allotted for recruitment from the State of Rajasthan. The petitioner being eligible, submitted an application in pursuant to the notice dated 12.7.2010 and faced process of selection. By a letter dated 13.7.2011 the Deputy Regional Manager, Rajasthan Zone, Bank of India, informed the petitioner that he has been selected for appointment in clerical cadre, however, as per the police inquiry/character verification made through the Superintendent of Police, Jodhpur a criminal case bearing No.39/2009 pertaining to the offences punishable under Sections 323, 325, 427, 147, 148 and 149 Indian Penal Code is pending against him at Police Station Mandore, thus, his candidature can be considered for appointment in clerical cadre only on submitting a favourable decision/compromise in the case aforesaid within a period of two months. It was also informed to the petitioner that in the event of failure to provide any favourable decision/compromise within the period prescribed, his claim for appointment shall be treated cancelled. The petitioner vide letter dated 25.7.2011 conveyed the respondent Bank that the criminal case pending against him is an outcome of some family dispute and pertaining to very minor offences, as such that is required to be ignored while considering his candidature for appointment in clerical cadre. On receiving no favourable decision, this petition for writ was filed.

(3.) THE instant one is the case akin to the facts considered by Hon'ble Supreme Court in the case of Commissioner of Police & Ors. v. Sandeep Kumar (supra).