R.B. Misra, J. - (1.) Heard Sri Anil Bhushan, learned Counsel for the petitioner, and Sri Yashwant Verma, learned Counsel for the respondents. With the consent of learned counsels for the parties this writ petition is decided finally at this stage in view of the Second proviso to Rule-2 of Chapter XXII of the Allahabad High Court Rules, 1952.
(2.) By means of the present writ petition the petitioner is challenging the order dated 11.03.1983 (Annexure-2 to the writ petition) passed by the Chairman, Gorakhpur Kshetriya Gramin Bank, Gorakhpur (respondent no.2), whereby the petitioner's service was terminated by an order simplicitor after payment of one month's salary in lieu of one month notice, with a further prayer that Regulation 10(2) of Gorakhpur Kshetriya Gramin Bank (Staff) Service Regulation, 1980 be declared as unconstitutional.
(3.) The brief facts necessary for adjudication of the present writ petition are that the petitioner was appointed on 04.06.1981 as Clerk in the Gorakhpur Kshetriya Gramin Bank, Gorakhpur (hereinafter in short called as the 'Bank') on probation of one year. The petitioner joined service on 22.07.1981 and the service of the petitioner was extended on probation by another six months by order dated 20.07.1982. The service of the petitioner was not found satisfactory and he was discharged by the bank by order dated 11.03.1983 in exercise of powers conferred by Regulation 10 of the Gorakhpur Kshetriya Gramin Bank (Staff) Service Regulations, 1980 (hereinafter in short called as the 'Regulations'). Aggrieved by the aforesaid action of the respondents, the petitioner preferred Original Suit No. 640 of 1983 praying for a decree declaring the termination order dated 11.03.1983 as illegal and for continuity in service. The said suit was decreed on 28.10.1985, against which the respondent 'Bank' preferred an Appeal No. 387 of 1985 before the 10th Additional District Judge, Gorakhpur, which was allowed on 25.1.1989 on the ground that the suit was not maintainable as the petitioner had remedy to approach before the U.P. Public Service Tribunal.;