[Service Law] Appointment Can Not be Denied Arbitrarily: ALL HC

Recently, the Allahabad High Court at Lucknow has allowed a Writ Petition relating to the appointment in Bank

FIR After Appointment

On 02.05.2017 Bank of Baroda appointed Petitioner as Probationary Officer in the .

Petitioner successfully completed the Diploma Course in Banking & Finance followed the training.

The time given for joining was till 17.05.2017. 

After the issuance of the appointment letter and prior to joining,

an F.I.R. was lodged on 9.5.2017, in which the petitioner was falsely implicated.

Petitioner got on bail on 27.05.2017. On being enlarged on bail, the petitioner immediately informed the Bank

about the false implication of the petitioner in the criminal case and lodging of an F.I.R. 

The Bank informed the petitioner that the Competent Authority has kept in candidature abeyance till his acquittal,

not exceeding more than one year, failing which the candidature of the petitioner would stand cancelled.

So, the petitioner made his earnest effort for expeditious disposal of the criminal case by approaching the High Court. 

But the time that it takes in court proceedings is beyond the control of the petitioner.

Trial Court acquitted Petitioner in the criminal case vide order/judgement dated 23.01.2019.

After that petitioner immediately made a representation along with a copy of the judgement passed in the criminal case before the Authority for his joining. 

But the Competent Authority rejected the representation of the petitioner solely on the ground that the petitioner has not submitted the order of acquittal within the stipulated time i.e. by 20.07.2018. 

And then the Bank could not grant unlimited time to the petitioner.

Honesty of Petitioner Awarded

Allahabad High Court at Lucknow said the Bank failed to point out the provision of law under which his appointment was kept in abeyance for one year.

The Court held that the Petitioner has himself voluntarily brought this fact to the notice of Bank about the false case against him. 

Therefore the Bank should have exercised its discretion in a more reasonable manner to allow him to join the post. 

Instead of depriving him of the employment on the basis of some delay in decision of the case which was beyond his control.

So, the Court found that the Bank did not consider the question of grant further time to the petitioner to join in a reasonable manner rather arbitrarily. 

Allahabad High Court at Lucknow has directed the Bak to permit the Petitioner to join on the post of Probationary Officer.

Case Details:

Title: Sachin Kumar Verma vs bank of Baroda

Case No.SERVICE SINGLE No. – 21633 of 2019

Coram: Hon’ble Justice Manish Kumar

Date of Oder: 15.10.2020

Counsel for Petitioner: Ajay “Madhavan”

Counsel for Respondent: Lalit Shukla

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