RESHMA B. Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents.

(3.) The petitioner was appointed as Messenger (Peon) in the State Bank of India. She is a Post Graduate having M.com Degree. She had filed a complaint regarding work from home arrangement availed by one of the employees. It is submitted that alleging that the petitioner had made an anonymous complaint, a show-cause notice was issued to the petitioner. A reply was submitted on 6/10/2021. Thereafter Ext.P1 charge memo was issued on 18/11/2021. It is submitted that Ext. P2 final order was issued imposing the penalty of stoppage of increment for a period of three months. It is submitted that in the meanwhile a notification was issued on 2/12/2021 for selection to the post of Clerk. The petitioner applied, pursuant to which Ext.P3 hall ticket was issued to her. She participated in the selection and was included in Ext.P4 final select list for promotion from subordinate to clerical cadre. It is submitted that when the petitioner was not called for medical examination, Ext. P6 representation was submitted by her pursuant to which Ext P7 order was passed on 8/4/2022 stating that her inclusion in the final select list is cancelled, since the rigor of the punishment imposed on her by Ext.P2 would expire only on 27/3/2022. It is submitted by the learned counsel for the petitioner that having considered her for selection and having included her in the final select list, it is not open to the respondents to contend that selection stood cancelled because of the infliction of a minor penalty on her.