K C VARSHNEY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner has filed the present petition for issuing an appropriate writ, order or direction in the nature of Certiorari quashing the order dated 12.08.2002 contained in Annexure -3 to the extent it decides that the petitioner had not been in service of the Bank w.e.f 06.12.1990 to 27.04.2002 or 25.01.2002. The petitioner has also prayed for holding him to be entitled to all consequential benefits deeming him throughout in service as if removal orders dated 6.12.1990 and 12.8.2002 were never passed and existed. The petitioner has also prayed for issuing an appropriate writ, order or direction in the nature of Mandamus to the respondents -authorities to treat him in service and fix salary in the revised scale. Certain other prayers have also been made by the petitioner in connection with consequential benefits.

(2.) THE case of the petitioner in short is that he was appointed as Clerk in the Bank -respondent on 03.08.1965 and was confirmed as such on 02.02.1966. The petitioner was promoted on the post of erstwhile Officer Grade -II on 02.06.1976. Thereafter, the petitioner was promoted on the post of erstwhile Officer Grade -I on 01.08.1978. The petitioner was charge -sheeted vide Letter dated 16.07.1987, alleging therein that he failed to discharge his duties with utmost integrity, honesty, devotion and diligence and acted in a manner unbecoming of a Bank official and highly detrimental to the bank's interest in deliberate violation of Rule 32 (4) of the State Bank of India (Supervising Staff) Service Rules while posted as Branch Manager at Khajuha Branch from 19.05.1980 to 26.09.1982, Nawabganj Branch from 25.07.1983 to 26.05.1984 and Chowk (Kanpur) Branch from 12.06.1984 to 10.09.1986.

(3.) THE petitioner was removed from service under Rule 49 (g) of the State Bank of India (Supervising Staff) Service Rules (hereinafter referred to as the 'Rules' in short) vide order dated 06.12.1990. Against the removal order, the petitioner preferred an appeal, which was dismissed by the Managing Director (Personnel) vide order dated 16.03.1992. The petitioner preferred Writ Petition No. 6371 (S/B) of 1992, challenging both the orders i.e. the order of removal from service as well as dismissal of his appeal.