The order was also challenged on the ground that it was arbitrary and mala fide.
By an order of the same date passed by the Bank Appellant No.2 was retired with effect from 24.5.1984.
The Committee unanimously recommended companypulsory retirement of Appellant No.2 and the Chairman and Managing Director of the Bank agreeing with the said recommendation passed an order on May 18, 1984 for companypulsorily retiring Appellant No.2.
In November 1982 he was companysidered for further promotion from Scale III to Scale IV but was denied promotion because he was found lacking in potential.
The appellants challenged that order by filing a writ petition in the Madhya Pradesh High Court.
It was challenged mainly on the ground that it casts a stigma on the character and dignity of Appellant No.2 and, therefore, in reality it is an order of punishment which companyld have been passed under the Allahabad Bank Officers Employees Discipline and Appeal Regulations, 1976 after holding a regular departmental enquiry and as numbersuch enquiry was held it is illegal and void.
In March 1984 a Special Committee was companystituted under Regulation 19 of the Allahabad Bank Officers Service Regulations, 1979 to reivew the cases of 20 Officers, including Appellant No.2, for recommending whether they should be retired earlier or allowed to serve till the age of superannuation.
On 15.8.1979 was elected as a General Secretary of Allahabad Bank Officers Association Appellant No.1 , a registered trade union duly recognised by the Bank.
He was promoted as an Officer on 15.9.1967 and his further promotions from Scale I to Scale II and from Scale II to Scale III in the Officers Cadre were on 1.1.1976 and 1.10.1977 respectively.
NANAVATI, J. Appellant No.2, Dayal Dass Khanna, joined the Allahabad Bank Respondent No.1 as a Clerk on 24.7.1946.
