K L TRIPATHI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE petitioner Sri K. L. Tripathi was an employee of the State Bank of India. He joined the service of the Slate Bank of India in the year 1955 as an assistant clerk. He was promoted subsequently and at the relevant time, he was working as Branch Manager in the State of India Branch at Deoria. On 19th June, 1975 a chargesheet was issued by the General Manager (Operations) levelling certain charges against the petition and he was required to submit his written statement in defence in terms of Rule 50 of the Service Rules, The petitioner submitted his reply to the chargesheet. The Managing Director, State Bank of India, Central Office, Bombay, by his letter dated 6th October ,1976 informed the petitioner that the Executive Committee of the Central Board at its meeting held on 6th October, 1966 had resolved to dismiss the petitioner with immediate effect in terms of Rule 49 (f) of the State Bank of India (Supervising Staff) Service Rules. A copy of this letter was issued to the petitioner on the 19th of October, 1976. The petitioner has challenged the order dated 6th October, 1976 issued by the Kanpur Local Head Office on the 19th of October, 1976.

(2.) THE petitioner has challenged the resolution dated 6th October, 1976 on various grounds relating to violation of Rule 50 of the State Bank of India (Supervising Staff) Service Rules. The contention of the petitioner is that the procedure as prescribed by Rule 50 of the above mentioned rules were not followed in the petitioner's case and as such the dismissal order is null and void and he is entitled to a declaration of continuous service in the State Bank of India.

(3.) IN U. P. State Wareshousing Corporation Ltd. v. Tyagi the Supreme Court after examining a number of decisions laid down that there are only three well recognised exceptions to the general law under- the law of master and servant where a declaration to the effect that the termination was invalid and void on the ground of non-compliance of the relevant rules could be granted by the Court. The three exceptions are (1) cases of Public servants falling under Article 311 (2) of the Constitution of India, (2) cases falling under the Industrial Disputes Law and (3) cases where acts of statutory body are in breach of a mandatory obligation imposed by a statute.