Delhi High Court
All India Bank Officers Confederation vs Union Of India on 3 October, 2001
Author: Mukul Mudgal
Bench: Mukul Mudgal
JUDGMENT Mukul Mudgal, J.
1. Rule.
2. Taken up for hearing.
3. The surviving dispute in the present writ petition relates to prayer (iii) of the writ petition which reads as follows:-
"(iii) issue an appropriate writ, order or direction quashing the notification No. 4/1/1999-BO-I(ii) dated 20.1.2000 issued by the Respondent to amend clause 9 of the Nationalised Banks (Management and Miscellaneous Provisions) Scheme 1970 and 1980 respectively as being ultra vires Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 and 1980 respectively in so far as Officer Director are concerned."
4. Learned counsel for the respondent has produced a notification dated 2nd March, 2001. The relevant portion of the notification is extracted hereunder:-
"2. In the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980, in Clause 9, for Sub-clause (2), the following shall be substituted namely:-
"(2) subject to the provisions of Sub-clause (1),
(a) a director referred to in Clause (e) and Clause (f) of Sub section (3) of Section 9 of the Act shall hold office for such term not exceeding three years as the Central Government may specify at the time of his nomination and thereafter until his successor has been nominated and shall be eligible for re-nomination.
(b) a director referred to in clause (g) and clause (h) of Sub-section (3) of Section 9 of the Act shall hold office for such term not exceeding three years as the Central Government may specify at the time of his nomination and shall be eligible for re-nomination.
Provided that no such director shall hold office continuously for a period exceeding six years."
5. The above notification clarifies that the Director continues to hold office until his successor has been nominated and shall be eligible for re-nomination as per Section 9 Sub-section (3) of the Banking Companies Act, 1980. In this view of the matter, the writ petition has become infructuous and is disposed of in terms of the above notification, relevant portion of which has been extracted.