JUDGEMENT
Sudhir Narain, J. -
(1.) This writ petition is directed against the order dated 17.1.1983 passed by the Divisional
Manager (Staff and Industrial Relation) Bank of Maharashtra. respondent No. 1 whereby the
services of the petitioner have been terminated.
(2.) The Bank of Maharashtra is a Public Sector Undertaking being one of the nationalised
Scheduled Bank under the Banking Companies (Acquisition and Transfer of Undertakings) Act
(Act XXII of 1969). The petitioner was appointed as Sub-Staff in the Bank of Maharashtra,
Meerut Branch, Meerut on 27.9.1979. He was confirmed and made permanent on the expiry of
the period of probation of six months from the date of his appointment.
(3.) The version of the petitioner is that there were complaints against the Branch Manager,
respondent No. 2 regarding advancing of loan and one complaint was made by Liberty Dry
Cleaners of Meerut regarding non-payment of charges of washing of clothes by respondent No.
2. Respondent No. 2 suspected that in such complaint, the petitioner had a hand. He was called
by respondent No. 2 and was seriously scolded. Later on, the petitioner received order dated
January 17, 1983 whereby his services were terminated by respondent No. 2 under para 522 (1)
of the Sastry Award which reads as under :
"In cases not Involving disciplinary action for misconduct and subject to clause (6) below, the
employment of a permanent employee may be terminated by 3 months notice or on payment of 3
months pay and allowances in lieu of notice. The services of the probationer may be terminated
by one month's notice or on payment of one month's pay and allowances in lieu of notice.";
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