S P ANAND Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 31st May, 2007 passed by the learned Single Judge dismissing the writ petition filed by the petitioner- appellant on the ground that no case of interference is made out.

(2.) The appellant herein filed a writ petition assailing the order dated 4th January, 2003 passed by the appointing authority and also order dated 18th April, 2006 passed by the appellate authority upholding the validity of the order dated 4th January, 2003.

(3.) The appellant was an employee of the State Bank of India. While he was working as Assistant Manager in the said Bank at G.T.Karnal Road, Shahdara Branch, New Delhi, he was transferred and directed to report at the Dehradun Branch vide order dated 23rd January, 2001. The appellant however, did not join his place of transfer and chose not to report for duty. The appellant continued in the aforesaid manner without reporting for his posting at Dehradun branch for one year and four months. The respondent-Bank thereafter issued a letter on 25th October, 2002 to the appellant directing him to report for duty and to give satisfactory explanation for his absence and not reporting for duty. Reference was made to Rule 40(3) of the State Bank of India Officers Service Rules, with the advise to report for duty failing which it will be deemed that the appellant had voluntarily vacated the service. The appellant replied to the aforesaid letter in which he had stated that due to unavoidable family circumstances, he could not join his place of transfer at Dehradun and he requested for change of place of posting from Dehradun Branch and sought reconsideration of his transfer orders. He however, did not join his place of posting.