- (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner for a writ of certiorari seeking quashment of decision of the Bank dated 31.5.2007. Writ of mandamus has also been prayed commanding respondents to pay salary and allow petitioner to work on the post of Clerk -cum -Cashier etc.
(2.) I have heard Sri G.K. Srivastava for the petitioner and Sri Lalit Shukla for respondent -Bank.
(3.) RECORD has also been placed before this Court by Sri Lalit Shukla. Briefly stated petitioner's case is that petitioner was appointed as Clerk cum Cashier in Avadh Gramin Bank vide appointment order dated 08.11.2004. Sri D.D. Diwakar (respondent no. 4), General Manager of the Bank had been harassing petitioner's father as a result of which he fell ill and died. However, he continued to harass the petitioner after his joining. As a consequence thereof, petitioner proceeded on medical leave for fourteen days w.e.f. 14.10.2005 to 27.10.2005. On 17.10.2005, Sri D.D. Diwakar transferred the petitioner from Mall Branch to Unnao Branch. Petitioner was relieved on 22.10.2005 and he joined his duties in Unnao Branch. Sri D.D.Diwakar got him transferred to Usreth branch, demanded Rs. 50,000/ - as bribe and threatened to send him jail. He has also been abusing petitioner's mother. Since harassment caused by Sri Diwakar continued, petitioner made oral as well as written complaint to the Bank but of no avail. Ultimately, petitioner finding no other way out, decided to resign. Consequently, he sent letter on 26.02.2007.;