BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2024 CORAM THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD).No.152 of 2024 Gnanabalan ...Petitioner Vs

1.The Zonal Manager, Bank of Baroda (incorporating Dena Bank), PKR Convention Centre, 32, Venkatesan Street, T.Nagar, Chennai – 600 017.

2.The Regional Manager, Bank of Baroda (incorporating Dena Bank), Regional Office, Bye Pass Road, Ponmeni, Madurai.

3.The Branch Manager, Bank of Baroda (incorporating Dena Bank), Thiruppuvanam, Sivagangai District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to allow the petitioner forthwith to join and work as Jewel Appraiser in the third respondent Bank on the basis of Verification Report issued by the Inspector of Police, Thiruppuvanam dated 24.07.2023 and by considering the representation given by the petitioner dated 16.10.2023 within the time stipulated by this Court.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.P.Pethu Rajesh

O R D E R

Heard Mr.V.Malaiyendran, learned counsel for the petitioner and Mr.P.Pethu Rajesh, learned counsel for the respondents.

2. The petitioner who has been prevented from discharging his duty as a Jewel Appraiser and has been declared as a de-empanelled Appraiser by the third respondent, has filed this Writ Petition for issuance of Writ of Mandamus seeking direction against the respondents 1 to 3 herein to allow him to continue to be the Jewel Appraiser in the third respondent Bank on the basis of Verification Report issued by the Inspector of Police, Thiruppuvanam dated 24.07.2023 and by considering the representation given by the petitioner dated 16.10.2023.

3. Mr.V.Malaiyendran, learned counsel for the petitioner submitted that the petitioner was de-empanelled by the third respondent Bank on 21.05.2022, in view of some criminal case pending against him in Crime No.331 of 2017 on the file of Tiruppuvanam Police Station and the same was taken on file in C.C.No.55 of 2021 before the learned District Munsif Cum Judicial Magistrate, Thiruppuvanam. Since the petitioner got acquittal from the above case, he has given representation to the third respondent Bank to reconsider and empanel him and pass orders. However, the earlier representation given by the petitioner to permit him to continue as a Jewel Appraiser was rejected by the respondent Bank. Though the petitioner produced the Verification Report from the Police officials, the respondent Bank did not take any steps to allow the petitioner to continue as a Jewel Appraiser. Thereafter, the petitioner preferred another representation dated 16.10.2023. No action was taken by the respondent Bank.

4. Undoubtedly, there is no employer-employee relationship between the petitioner and the third respondent. The petitioner is empanelled in the panel of appraiser only at the pleasure of the third respondent. There is no permanent post of Appraiser in the third respondent Bank. All that was done so far is only to empanel some gold appraisers. The cost of their services are being borne by the borrowers who come to the Bank to pledge their jewels.

5. Since the engagement given to the petitioner is only at the discretion of the respondents, the petitioner cannot give or pressure to the third respondent Bank to continue to engage his services by empanelling him.

6. In view of the above stated reasons, this Writ Petition stands dismissed. No costs.

10.07.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The Zonal Manager, Bank of Baroda (incorporating Dena Bank), PKR Convention Centre, 32, Venkatesan Street, T.Nagar, Chennai – 600 017.

2.The Regional Manager, Bank of Baroda (incorporating Dena Bank), Regional Office, Bye Pass Road, Ponmeni, Madurai.

3.The Branch Manager, Bank of Baroda (incorporating Dena Bank), Thiruppuvanam, Sivagangai District.

R.N.MANJULA, J.

Nsr

10.07.2024