NORMAN SWAROOP ISSAC Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner is an employee of State Bank of India. While working as Middle Manager Grade Service- Ill in the 2nd respondent branch, he was placed under suspension with effect from 16-11-2005 under Rule 68(A)(1) of State Bank of India Officers' Service Rules pending disciplinary proceedings initiated against him on the allegation of involvement in a major fraud of about Rs.6 crores. It is also not in dispute that the alleged fraud is being investigated by the Central Bureau of Investigation (CBI) which is still pending.

(2.) It is pleaded by the petitioner that on 4-11-2005 the Deputy General Manager, Zonal Office, Hyderabad had visited the petitioner's house along with Assistant General Manager-II, Zonal Office, Hyderabad and asked him to handover his passport bearing No.B0283300 stating that the same would be returned as and when needed by him. Accordingly, the petitioner handed over the passport to him which is kept in the custody of the 2nd respondent. While so, the petitioner who is a qualified coach of Basketball and an International Referee has been nominated by Basketball Federation of India to attend Basketball Conference Examination scheduled to be held at Oman, Muscat from 6-11-2006 to 10-11-2006. For the said purpose, the petitioner was advised to send his passport for stamping of visa. Pursuant thereto, the petitioner made a representation dated 22-9-2006 requesting the respondents to return his passport and also permit him to leave the country from 4-11-2006 to 12-11-2006. Alleging that the said request has not been considered by the respondents, this writ petition is filed seeking a declaration that the action of the respondents in withholding the Indian Passport of the petitioner and in not granting permission to leave India is arbitrary and illegal.

(3.) A counter-affidavit has been filed on behalf of the respondents stating that the CBI had specifically instructed the respondent Bank not to return the passport of the petitioner and to handover the same to the CBI as the same is required for the purpose of investigation which is in progress. That apart, the CBI had also instructed the respondent Bank to instruct the petitioner and one V.V.V. Rami Reddy to appear before the CBI on 16-10-2006 and 17-10-2006 for the purpose of investigation.