Heard Sri Om Ji Srivastava, learned counsel for the petitioner and Sri Avdhesh Shukla, learned counsel for the respondents.
By means of this writ petition, the petitioner has prayed an innocuous prayer that his pending representation dated 23.04.2021 may be directed to be decided by the competent authority of the Bank i.e. Branch Manager, Baroda U.P. Gramin Bank, Bachhrawan, Raebareli.
Sri Avdhesh Shukla, learned counsel for the respondent-Bank has informed the Court, on the basis of instructions, that in the entire records of the Bank no employee of the name of the petitioner has ever worked/served in the Bank. Sri Shukla has further submitted that if the petitioner had worked in the Bank for the years he has indicated in the representation at least any documentary proofs to that effect should have been annexed with the writ petition which have not been annexed.
On that learned counsel for the petitioner has submitted that the petitioner has got no records to show that he had discharged his duties as Clerk-cum-Cashier in the Bank but the petitioner had received the salary for the period he had discharged his duties. Further, such salary was paid to the petitioner after obtaining signature on the register.
Sri Shukla has further submitted that if the petitioner was paid salary, he must have possessed any evidence to that effect but no such evidence has been annexed with the writ petition.
Be that as it may, this is a case wherein the petitioner is unable to substantiate his claim on the basis of material/documents to that effect. Therefore, the petitioner will have to produce the relevant documentary evidence to substantiate that he had discharged his duties in the Bank on the post of Clerk-cum-Cashier for the period he has indicated in the writ petition. Therefore, the petitioner may approach the competent authority of the Bank through representation annexing therewith the documentary evidences showing that he has worked in the Bank for the period he has indicated in the writ petition and the competent authority of the Bank after verifying the same and after arriving on the conclusion that the petitioner was employee of the Bank for the particular period of time, the representation of the petitioner may be disposed of strictly in accordance with law.
The petitioner may prefer such representation within a period of one month from today and the competent authority concerned shall dispose of the same in the manner directed above within a period of three months thereafter and pass appropriate order thereon.
The competent authority shall communicate the decision on the representation to the petitioner forthwith.
In the aforesaid terms, the writ petition is disposed of.
Order Date :- 12.8.2021 Vikas/-