KH BOBO SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In this application filed under Article 226 of the Constitution of India the two questions that arise for determination are: (1) whether with the alteration of the provisions of Article 311 (2) under the Forty-Second Amendment of the Constitution of India doing away with the opportunity of showing cause against the proposed punishment, the delinquent has lost his right to be entitled to a copy of the report of enquiry in the disciplinary proceedings; and (2) whether a Writ of Mandamus as sought for can be granted in the case of an employee of State Bank of India.

(2.) I have heard Mr. S. Jayanta, the learned counsel appearing on behalf of the petitioner and Mr. R. M. Nath, the learned counsel appearing on behalf of the Respondent-Bank.

(3.) To answer the above questions the facts relevant for the purpose may be stated as under :- Shri Kh. Bobi Singh, the petitioner herein joined service as Cashier in the Imphal Branch of the State Bank of India in the year 1968 and thereafter he was promoted to the cadre of officer by the Chief General Manager of the State Bank of India in the year 1977. After a few years he was again promoted to the post of Branch Manager and he was posted as Branch Manager in the Chandel Branch of the State Bank of India in the year 1984 and while he was discharging his duties in such capacity he was removed from the service by an order dated 19-2-1988 contained in Annexure-A/3 which was preceeded by a departmental proceeding wherein he was found quality by the Enquiry authority for illegal disbursement of a large number of loans amounting to Rs 10 Lakhs out of which an amount of Rs 6.18.513/- was recovered by strenuous efforts.