ASHOK GURJAR S/O SHRI CHAUTH MAL GURJAR Vs. PUNJAB & SIND BANK (A GOVERNMENT OF INDIA UNDERTAKING), THROUGH: SENIOR MANAGER, 91, BHANDARI HOUSE, NEHRU PLACE, NEW DELHI
LAWS(RAJ)-2016-12-128
HIGH COURT OF RAJASTHAN
Decided on December 19,2016

Ashok Gurjar S/O Shri Chauth Mal Gurjar Appellant
VERSUS
Punjab And Sind Bank (A Government Of India Undertaking), Through: Senior Manager, 91, Bhandari House, Nehru Place, New Delhi Respondents

JUDGEMENT

SANDEEP MEHTA,J. - (1.) By way of this writ petition, the petitioner Ashok Gurjar has approached this Court seeking to assail the order Annex.2 dated 18.11.2013 whereby, he was terminated from services of the respondent Punjab and Sind Bank with immediate effect.
(2.) Facts in brief are that the petitioner herein after faced a process of selection, succeeded therein and was appointed as a Probationary Officer in the respondent Punjab and Sind Bank and was posted at Branch Office, Mandal, District Bhilwara vide order dated 2.5.2013. The petitioner has claimed that to his utter surprise and out of the blue and without any prior notice or intimation, he received a cryptic unreasoned order dated 18.11.2013 (Annex.2) communicating that his services had been terminated with immediate effect. The petitioner approached the Bank authorities seeking explanation for his termination from the bank's services but no written response was given to his queries. He was orally informed that since he had been implicated in a Criminal Case, being FIR No. 29/2006 registered at P.S. Jawahar Nagar, Jaipur for the offences under sections 143, 148, 149, 341 and 323 IPC and as the factum of registration of said criminal case was concealed at the time of filling up the application for selection, the Bank authorities had taken the decision to terminate the petitioner's services.
(3.) Thereupon, the petitioner filed the instant writ petition annexing therewith all relevant documents of the said criminal case. The application form of the petitioner has also been filed along with the writ petition as Annex.3. At clause no.12 of the application form, the petitioner was required to furnish the following information:- "12. Have you ever been arrested, or kept under detention or bound down/fined/convicted by a Court of Law for any offence, or debarred/disqualified by the Public Service Commission from appearing at its examination selections or debarred from taking any examination or restricted by authority/institution? If answer is "yes", full particulars of the case detention, fine, conviction, sentence etc. should be given.";


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