B.L.YADAV, J. - (1.) BY the present petition under Article 226 of the Constitution of India, the order of termination dated 8th October 1987 (Annexure -6 to the petition), is sought to be quashed by issuing a writ of certiorari.
(2.) THE petitioner was appointed on 15th October 84 as Agriculture Field Officer by the Allahabad Bank through its Chairman and Managing Director, in the Junior Management of the Allahabad Bank and was posted at Jaspura Branch of the Allahabad Bank in the District of Banda. The petitioner was placed on probation for a period of two years in view of Regulation 15 of the Allahabad Bank (Officers') Service Regulations. 1979. (for short the Regulations), framed in exercise of the powers conferred by Section 19 read with Sub -section (2) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, vide appointment letter dated 25th September 84 (Annexure -1 to the petition). Para 2 of the appointment letter indicates that the appointment in the first place is on probation for a period of two years which may be extended by a further period not exceeding one year. Similar was provided under Regulations 15 and 16 of the Regulations. Ex abundanti cautela, the provisions of Regulations 15 and 16 are set out below: - 15. (1) An officer directly appointed to the Junior Management grade shall be on probation for a period of two years. (2) An employee of the Bank promoted as an Officer in the Junior Management grade shall be on probation for one year. (3) An officer appointed to any other grade shall be on probation for such period as may be decided by the Bank: Provided that the competent authority may, in the case of any officer, reduce the period of probation or dispense with probation.16. (1) An officer shall be confirmed in the service of the Bank if, in the opinion of the competent authority, the officer has satisfactorily completed the training in an institution to which the officer may have been deputed for training, and the in -service training in the Bank: Provided that an officer directly recruited to the Junior Management grade may be required also to pass a test in a language other than his mother tongue. (2) If in the opinion of the competent authority an officer has not satisfactorily completed either or both the trainings referred to in sub -regulation (1) or if the officer has not passed the test referred to therein, the officer's probation may be extended by a further period not exceeding one year. (3) Where during the period of probation, including the period of extension, if any, the competent authority is of the opinion that the officer is not fit for confirmation: - (a) in the case of a direct appointee his services may be terminated by one month's notice or payment of one month's emoluments in lieu thereof; and (b) in the case of a promote from the Bank's services, he may be reverted to the grade or cadre from which he was promoted. During the first two years of petitioner's service, his services were appreciated by letter dated 25th July 85 issued by the Lead Bank Officer (Annexure -2 to the petition), to the effect that petitioner's service and efforts were appreciated in compilation and submission of Lead Bank Information System -Return for the quarter ending June 1985 of five branches, Atarra, Badoa, Naraini, Kartal and Kalinjer. Before completion of two years' probation, an enquiry was made by the Manager, Allahabad Bank, by letter dated 29th August 86, enquiring from the Manager, Allahabad Bank, Jasra Branch, Banda, as to whether the petitioner has obtained leave without pay, and what was his purpose etc. (Annexure -3 to the petition). By letter dated 9th September 86 (Annexure -4 to the petition), an information was furnished that the petitioner had joined on 15th October. 84 and was transferred to Atarra (Banda) Branch and' has not obtained any leave without pay and his conduct and performance has been quite satisfactory. This was the report submitted just about a month and five days prior to the completion of two years' probationary period. In normal course the petitioner ought to have been confirmed on this report. But much after completion of two years an order dated 14th July 87 (Annexure -5) was passed extending his period of probation till 14th October 87, just few months before completing one year extended period other than two years' probation period. As the petitioner's performance was not found satisfactory, he was instructed to improve the same. The petitioner's services, however, were terminated by order dated 8th October 87 (Annexure -6 to the petition) with effect from 10th October 87 by the Regional Manager, Allahabad Bank. It is against this order the present petition has been filed.
(3.) SRI G.C. Bhattacharya, learned Counsel for 1 the petitioner, urged that a bare reading of Regulations 15 and 16 of the Regulations would indicate that the probationary period for an officer in the Junior Management directly appointed (not as a promote), was two years, which could have been reduced or dispensed with in view of proviso added to Regulation 15. Regulation 16(1) prescribes that in case an employee of the Bank is promoted as, an officer in the Junior Management, he has to complete a training in an institution to which the officer may have been deputed for training. There was a proviso added to Regulation 16(1) applicable to the case of petitioner as he was an officer directly recruited to the Junior Management. He was required to pass a test in a language other than his mother tongue. But in fact, there was no such test held nor the petitioner was ever required to pass test in a language other than the mother tongue. Otherwise the petitioner would have passed that test also, as he has got' a very brilliant academic record and was very sincere and devoted to his services. Sub -clause (2) of Regulation 16 provides that the Competent Authority may extend probationary period only under two circumstances, either the officer A promoted has not completed his training referred to in Sub -Regulation (1) or the officer, as has been the case of petitioner, has not passed the test referred to therein. The petitioner has passed B.Sc. (Agri) and Animal Husbandry from the Chandra 4 Shekhar Azad University of Agriculture and Technology, Kanpur in 1st Division in 1982 in English Medium and the mother tongue of the petitioner was Hindi. He could very well have passed the test in English language. But he was never directed to do so, nor there was any such examination held as required by the provison to Regulation 16. Consequently, the extension of probationary period of two years was without authority or jurisdiction. It was next urged that the petitioner would stand confirmed on completion of the period of probation of two years as the proviso of Regulation 16 was not applicable to his case, inasmuch as he was never required to pass the test in a language other than the mother tongue. It was further urged that the Regional Manager was not the appointing authority of the petitioner. Consequently, he has no power or authority to terminate the services of the petitioner by the impugned order dated 8th October 87 (Annexure -6 to the petition). The appointing authority of the petitioner was respondent No. 2, Allahabad Bank through its Chairman and Managing Director. In any case, it was not a simple order of termination, rather it was an order of dismissal attaching stigma to the petitioner's conduct. It appears that some enquiry behind the back of the petitioner was held and some secret report was obtained without affording the petitioner an opportunity of being heard. Hence the impunged order was passed in violation of principles of natural justice and other relevant regulations.;