A.N. Varma, J. - (1.) The petitioner who was serving at the relevant time in the Tulsi Gramin Bank at the Head Office Aliganj, Band a as a Probationary Officer, is aggrieved by the order dated 1-4-1985 passed by the Chairman of the Bank stating that the services of the petitioner are being terminated with effect from 13-3-1985.
(2.) The aforesaid Bank is a nationalised bank and the terms and conditions of the officers of the Bank are regulated by the Staff' Service Regulations framed under the Regulation Rural Banks Act, 1976 (Act No. 21 of 1976). The petitioner was appointed as an officer on 29-9-1983 Vice-Chairmans letter of that date putting the petitioner on probation for a period of the years in the pay scale of Rs. 690-1420. While the petitioner was on probation, certain complaints were received by the Bank from its borrowers in connection with the alleged misutilization of the funds placed at the disposal of the petitioner for being disbursed as loans. These complaints were investigated by the District Magistrate, who submitted his report that the complaints were well founded and the he petitioner in concent with some dealers had misutilised the funds of the Bank thereby causing financial loss. In addition, there was also the complaint that the petitioner had, without obtaining the leave of the concerned officer, absented himself from duty and was absconding since 18th March, 1985. It is alleged in the counter-affidavit that the Bank gave opportunity to the petitioner to improve his work and conduct but to no avail. Consequently, the Chairman of the Bank decided to terminate the petitioners services with effect from 18th March, 1985. The order which was passed against the petitioner purporting to terminate his service is Annexure 2 to the writ petition and as the fate of the case turns substantially on what has been acted in this letters are extracting the contents of that letter in full "1. We have observed that your services were not satisfactory during the last more than one year i. e., during probation period. 2. You are unauthorisedly absconding from the service since 18-3-1985 without proper section of head office. 3. Most of the loans disbursed by you at Narkundi are misutilised. 4. You have declined to receive suspension letter dated 15-3-1985. Under the circumstances it has been decided to take disciplinary action against you and your services have since been terminated by the Bank with effect from 13-3-1985".
(3.) Challenging the aforesaid order the petitioner approached this court under Article 226 of the Constitution of India. In the petition it was also stated that against the said order the petitioner had filed an appeal before the Board of Directors of the Bank which was at time pending. During the pendency of the petition, however, that appeal was dismissed by an order which was communicated to the petitioner through a letter of the Chairman dated 26-9-1986 informing him that his appeal had been dismissed.;