R.A.Sharma, J. - (1.) In 1978 the petitioner was appointed as Field Assistant in Rural Bank Scheme of State Bank of India and was posted in Gorakhpur Kshetria Gramin Bank, Gorakhpur. In 1979 the Banking Services Recruitment Board (hereinafter referred to as Board) invited applications for the post of Assistants in some of the banks including the State Bank of India. The petitioner applied in pursuance of the aforesaid advertisement and was finally selected on the basis of written examination and interview held in that connection. The Board thereafter informed the respondent No. 2, about the selection of the petitioner. After the petitioner was selected and intimation to that effect was sent by the Board to the Respondent No. 2, the petitioner asked Kshetriya Gramin Bank Gorakhpur for relieving him so as to enable him to join the State Bank of India in pursuance of the selection by the Board and in that connection the petitioner submitted his resignation which was duly accepted by the Kshetriya Gramin Bank and he was relieved on December 17, 1981. A release certificate was accordingly issued by the Kshetriya Gramin Bank to the petitioner, copy of which has been filed as Annexure 3 to the writ petition. However, even after the petitioner has resigned he was not permitted to join his duties. He made representation in that connection, but there was no response from the State Bank Authorities. The petitioner has accordingly filed this writ petition for commanding the respondents to hand him over the letter of appointment and permit him to work as Assistant in the office of the State Bank of India, Gorakhpur.
(2.) Learned counsel for the petitioner has made four submissions, namely, (i) Respondents No. 2, and 3 having issued the appointment letter to the petitioner in pursuance of his selection by the Board, it is not open to them to cancel it; (ii) production of the satisfactory release certifcate from previous employer is not a condition precedent for joining the duties; (iii) the petitioner having produced release certificate from previous employer, is entitled to be appointed by the State Bank; and (iv) The Kshetriya Gramin Bank has not held the petitioner guilty of any misconduct in as much as only the alleged enquiry was said to be pending when release certificate was issued and on this ground the petitioner cannot be refused the appointment.
(3.) In paragraph 8 of the writ petition the petitioner has stated that the letter of appointment No. 40/491 dated November 9, 1981, copy of which has been filed as Annexure 2 to the writ petition, has been issued to him after his selection by the Board and on that basis it has been argued that it is not open to the respondents to cancel his appointment. The submission is misconceived and cannot be accepted. Annexure 2, which is alleged to be the letter of appointment neither bears the date nor the number, although its number and date have been mentioned in para 8 of the writ petition. But that letter No. 40/491 dated November 9, 1981 is a letter from the Regional Office of State Bank of India, Varanasi to its Branch Manager, Gopiganj, copy of which has been filed as Annexure 2 to the counter-affidavit. By this letter the Branch Manager has been informed about the selection of the Assistants including the petitioner who have been required to be appointed on six months probation on usual terms and conditions, subject to medical fitness, satisfactory release certificate etc. Along with this letter copy of the draft letter of appointment of the petitioner was also enclosed. In para 8 of the counter-affidavit it has been mentioned that Annexure 2 to the writ peititon was in fact copy of the draft letter which was enclosed with the aforesaid letter dated November 9, 1981 and is not the appointment letter which is said to have been issued to the petitioner. It has also been mentioned in the counter-affidavit that no appointment letter was ever issued to the petitioner. These allegations made in the counter-affidavit have not been denied in the rejoinder affidavit by the petitioner. If the appointment letter has not been issued the question of its cancellation does not arise.;