SRINAGAR: Jammu and Kashmir High Court on Wednesday dismissed a petition by Pervaiz Ahmad, challenging his dismissal as Chairman-cum-Managing Director of the Board of Directors of the Bank last year.
Perviaz had challenged a communication (no.FD/Bkg/21/2019) on June 8 last year addressed by the Additional Secretary to the Government, Finance Department of the erstwhile State, to the Company Secretary J&K Bank Limited, conveying the decisions of the Government that he shall cease to be the Chairman-cum-Managing Director of the Board of Directors of the Bank. By same communication, the government had nominated R K Chibber as Director on the Board and his appointment as the interim Chairman-cum-Managing Director of the Board and Bank.
Pervaiz had claimed that the communications, orders, actions of the government are arbitrary, illegal and in utter disregard of the Banking Regulation Act, Articles of Association of the Bank and the Service Manual of the Bank.
He submitted that termination of the tenure post of Chairman and CEO required the mandatory prior approval of the RBI in terms of Section 35B of the BR Act and that its provisions have an overriding effect over the Articles of Association of any Banking Company or any resolution passed by any Banking Company.
“….the nomination of the petitioner (Pervaiz) as Director on the Board and his appointment as Chairman-cum-Chief Executive Officer of the Bank was contractual in nature and not governed by any Statute or the service conditions ordinarily applicable to the employees of the Bank,” a bench of Justice Ali Mohammad Magrey said after hearing both sides. “In view of the matter, this petition, insofar as it challenges communication no.FD/Bkg/21/2019 dated 08.06.2019 addressed by the Additional Secretary to the Government, Finance Department, of the erstwhile State of Jammu & Kashmir, to the Company Secretary, J&K Bank Limited, conveying the decisions of the Government taken by it in the exercise of the powers under Article 69(iii) of Articles of Association of the Bank, that the petitioner shall cease to be Director on the Board of Directors of the Bank and, consequently, be no longer the Chairman of the Board of Directors of the Bank, is held to be not maintainable. The remedy lies in the civil court,” the court said as per news agency GNS.
One thing has to be borne in mind that neither the position of Director nor of the Chairman/CEO or the Managing Director are promotional posts in the service of the Bank, the court said.
“So, the nomination of the petitioner (Negroo) as Government Director on the Board or his appointment as Chairman/CEO of the Board of the Bank is not an elevation in the sense of promotion as construed in ordinary service parlance,” the court said and dismissed the petition.
“This petition is dismissed in limine along with all connected CMs as not maintainable before this Court, leaving the petitioner free to approach the civil court for seeking enforcement of his contractual relationship and/or redressal of his contractual dispute(s) with the Bank,” the court said.