- (1.) Heard learned Counsel for the petitioner and Sri Vivek Ratan, learned Counsel appearing for all the respondents. By means of this writ petition, the petitioner has challenged the order by which the engagement of the petitioner has been dispensed with by the Bank. The petitioner was engaged on fixed amount for a fixed term on contract basis. The petitioner was to perform functions as mentioned in the contract. The Bank has passed an order to the effect that the target fixed in the contract could not be achieved by the petitioner and, therefore, his services are no longer required by the Bank and terminated the services of the petitioner on 3.10.2013. Learned Counsel for the petitioner submitted that action on the part of the Bank is arbitrary inasmuch as without any notice his services has been terminated. It is, however, claimed that other persons similarly situated whose performance are said to be poorer than the petitioner, are still working These questions cannot be gone into the writ jurisdiction. If the petitioner is aggrieved by any terms of the contract, he can either approach the Arbitrator or the relevant forum for such breach of contract. Writ petition is not maintainable upon the facts of the present case.
(2.) Learned Counsel for the petitioner has relied upon the cases in Hindustan Times and others v. State of U.P. and another, 2003 96 FLR 758 ,Udai Pratap Singh v. State of U.P, and others, 2005 60 AllLR 18 Surendra Singh v. State of U.P. and another, 1998 32 AllLR 497 and Chanda Tamboli v. The Panchayat Samit, Mandal and another,1989 59 FLR 879 The aforesaid decisions relied upon by the learned Counsel for the petitioner are distinguishable from the facts of the present case and in my view are not applicable.
(3.) The first case relied upon by the learned Counsel for the-petitioner is the case of Hindustan Times and others . The petition was pressed before the Hon'ble Supreme Court under Article 32 of the Constitution of India challenging the validity of an order of State of U.P. whereunder a direction was issued to the effect that at the time of payment of bills for publication of Government advertisements in all newspapers having a circulation of more than 25,000 copies, 5% of the amount thereof, which will form part of a fund for the purposes of granting pension to the working journalists, would be deducted.;