RAKESH AGARWAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) We have heard Sri Manish Goyal, learned counsel for the petitioner and Ms. Manisha Ambwani holding brief of Sri Vipin Sinha, learned counsel for the respondents and have perused the record. As pleadings are complete with the consent of the learned counsel for the parties the petition is being finally decided.

(2.) By this writ petition, the petitioner, who was posted as Assistant Manager (Law) at Zonal Office, Gorakhpur of State Bank of India, has assailed the validity of the orders passed against him in three separate disciplinary proceedings arising out of charge-sheets dated 01.06.1996, 10.03.1998 and 16.09.2002. In respect of the charge-sheet dated 01.06.1996, a penalty of bringing down pay-scale by three stages for two years was imposed upon the petitioner vide order dated 08.01.2002 whereas in respect of the charge-sheet dated 10.03.1998, a penalty of bringing down pay-scale by one stage for two years was imposed upon the petitioner vide order dated 05.05.2001. In respect of the charge-sheet dated 16.09.2002, punishment of removal from service was inflicted vide order dated 18.06.2005. From Annexure CA-15, which has not been disputed in para 23 of the rejoinder affidavit, it appears that no appeal was filed against the order dated 08.01.2002 whereas an appeal preferred against the order dated 05.05.2001, was rejected by order dated 31.10.2001. However, a combined review petition was preferred against the orders dated 08.01.2002 and 05.05.2001, which was rejected by order dated 16.04.2005. As far as the order of removal from service is concerned it was challenged through an appeal filed on 27.06.2005, which was dismissed vide order dated 26.08.2005. Thereafter a review petition was filed on 17.8.2005 even before passing of the appellate order dated 26.08.2005. Later, on communication of the appellate order, a fresh review was preferred on 12.10.2005 as also a representation to the Central Board, on 1.11.2005, which were rejected by order dated 08.09.2006 passed by the review committee thereby upholding the order of removal from service.

(3.) Seeking quashing of: (a) the order dated 8.9.2006 passed by the review committee; (b) the appellate order dated 26.8.2005 passed by the Chief General Manager; (c) the removal order dated 18.6.2005 passed by the General Manager-II/Appointing Authority; (d) the orders dated 5.5.2001 and 8.1.2002 as also the enquiry proceedings and the charge sheets dated 1.6.1996, 21.8.1998 and 16.9.2002 with prayer for other ancillary reliefs, the present petition has been filed.