S.V. SANKAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The writ petition is filed to quash the orders passed by the first respondent in proceedings dated 06.01.2017 and the consequential order dated 19.01.2017, on the ground that the orders impugned are illegal, arbitrary, without jurisdiction and beyond Rule 19(3) of the SBI Officer's Service Rules and contrary to the order dated 06.10.2016 passed in W.A. No. 788 of 2016. A consequential direction is sought for to direct the respondents to mediate and settle the matter as between the parties.

(2.) Mr. N.G.R. Prasad, learned counsel appearing on behalf of the petitioner strenuously contended that the writ petition on hand is one such case where the respondents are attempting to conduct enquiry one after another in order to harass the writ petitioner, with a motive to impose a major penalty on him, under the Rules in force. The learned counsel is of the firm view that the Judgment of the Hon'ble Division Bench passed in W.A.No. 788 of 2016, dated 06.10.2016, has been violated and the grounds initially raised by the writ petitioner was that no reason had been assigned for ordering a de-novo enquiry by the respondents in proceedings dated 15th September, 2010, and thus, the respondents shall not be allowed to continue the de-novo enquiry proceedings, which is otherwise illegal.

(3.) This apart, the learned counsel for the petitioner urged this Court by stating that the actions of the respondents proposing to conduct de-novo enquiry amounts to conduct of second enquiry on the same set of charges and such an action is illegal and impermissible in law. Beyond this, the Hon'ble Division Bench of this Court passed the Judgment in W.A.No. 788 of 2010 dated 06.10.2016, directing the respective parties to settle the matter by way of Mediation.