STATE BANK OF MYSORE Vs. M S SRINIVASAN

JUDGEMENT

(1.) THE management of State Bank of Mysore being aggrieved by the order of the learned Single Judge dated 15th April, 2002, passed in W. P. No. 40754 of 2001 (M. S. Srinivasan v State Bank of Mysore, Bangalore)has preferred this writ appeal. The learned Single Judge by the impugned order has allowed the writ petition filed by the respondent herein and directed the appellant-Bank to reconsider the application filed by the respondent dated 15-2-2001 seeking his retirement under the Voluntary Retirement Scheme dated 27-1-2001.

(2.) THE relevant facts leading to the filing of the writ petition be noted in brief in the first instance and they are as follows.-At the relevant point of time, the respondent was serving as an officer in the Middle Management Grade Scale III (MMGS-III) in the services of the appellant-Bank. A charge memo was issued on 22-9-2000 to the respondent alleging certain misconduct. The Enquiry Officer appointed by the management having held departmental enquiry, submitted his report on 27-3-2001 holding that the charge is not proved. Ultimately, the management accepting the above finding of the Enquiry officer passed an order on 26-7-2001 exonerating the respondent from the charge. In the meanwhile the management framed a Voluntary retirement Scheme which was brought into force with effect from 27-1-2001. Under the scheme, the eligible persons were permitted to submit their applications between 14-2-2001 and 28-2-2001. Taking advantage of the scheme, the respondent submitted his application on 15-2-2001. But, his application was rejected by the management by issuing an endorsement dated 30-3-2001 pointing out that the respondent is ineligible to seek the relief under the scheme vide para 02-B of the Scheme dated 27-1-2001.

(3.) THE respondent being aggrieved by the above endorsement marked as Annexure-C in the writ petition preferred W. P. No. 40754 of 2001 praying for writ of certiorari to quash the said endorsement and also for a direction to the management of the appellant-Bank to accept his application dated 15-2-2001 and permit him to retire voluntarily under the scheme and to grant all consequential benefits including payment of ex gratia and other retiral benefits together with interest thereon at 18% p. a. from 30-3-2001 until payment.