LAWS(SC)-1999-8-22

STATE BANK OF INDIA Vs. RATTAN SINGH

Decided On August 24, 1999
STATE BANK OF INDIA Appellant
V/S
RATTAN SINGH Respondents

JUDGEMENT

(1.) The respondent was a clerk-cum-cashier in the Ranchi branch of the State Bank of India it the material time. The appellant-State Bank of India, by an order dated 23/7/1993, placed the respondent under suspension. The order of suspension stated as under:

(2.) On 3/7/1996, the respondent filed a writ petition challenging the order of suspension dated 23/7/1993. He contended that no departmental enquiry had been initiated and the respondent was kept under suspension for more than three years and hence, the order of suspension was illegal. This writ petition was dismissed by the learned single Judge. However, in appeal, the Division Bench of the High Court, by its impugned judgment, set aside the order of the learned single Judge and allowed the writ petition of the respondent. Hence, the present appeal has been filed by the appellant-bank.

(3.) The order of suspension itself states that the order has been issued in terms of paragraph 521 (10) (b) of the Sastri Award as retained in the Desai Award. The relevant portions of paragraph 521 of the Sastri Award are as follows: