S.L. Bathla vs State Bank of India and Another

K. Jagannatha Shetty Shetty,; Dr. Dr. T.K. Thommen and; Yogeshwar Dayal, JJ.-The petitioner is an employee in the State Bank of India at Saharanpur Branch in Uttar Pradesh. The Bank permitted him to contest in the election for the local Municipal Council. In the election held in 1989, he was elected as a Member of the Municipal Council. Thereafter, by communication dated 25-9-1989 the petitioner was intimated that his continuance as a Member of the Municipal Council will affect his working in the Bank and as such the Bank had decided to ask him to resign from the membership of the Municipal Council. Accordingly, he was asked to resign. The petitioner challenged the said communication by means of a writ petition in the High Court and the writ petition has been dismissed

Hence this special leave petition

We have heard counsel of both sides on the merits of the matter. In the impugned notice, it is stated that the continuance of the petitioner as a Member of the Municipal Council will affect his working in the Bank. The claim of the petitioner, however, is otherwise. His case is that his continuance as a Member of the Municipal Council has indeed benefited the Bank instead of affecting his working in the Bank. He has, accordingly, made a representation to the management. The management has considered that representation and by its recent decision dated 6-2-1991, has expressed the view "that the petitioner''s continuance as Municipal Councillor does affect his work in the Bank". In this proceeding, the petitioner again disputes the correctness of the view expressed by the management. It is not possible for us to express any view on this disputed aspect

Special leave petition is accordingly dismissed.