SURESH KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE facts as have been revealed in the grounds of revision as also in the impugned order of the trial Court, show that the petitioner - plaintiff was an employee of the State Bank of India and was posted in one of its branches at Amritsar. During the course of his employment, he was placed under suspension. Despite his suspension, he was not paid any subsistence allowance. He had approached the Civil Court claiming subsistence allowance. In spite of the direction issued in this behalf, he was still not paid the same. Departmental proceedings were initiated against the petitioner -plaintiff which culminated in an order of dismissal from service. The order of dismissal from service dated 13.9.1996 was challenged by him by filing a civil suit on 25.1.1997 wherein he impugned the order of dismissal from service asserting that the same was illegal, null and void and the violation of the Shastri award and the Desai award. He also asserted that the bipartite settlement entered into between State Bank of India and State Bank of India Staff Federation, besides being void and without jurisdiction, was inoperative against the petitioner -plaintiff. On the aforesaid premises, he prayed for reinstatement in service with all consequential benefits by claiming that he should be deemed to be an employee of the State Bank of India as clerk -cum -cashier by ignoring the impugned order of dismissal from service.

(2.) THE petitioner -plaintiff challenged the departmental proceedings initiated against on the following grounds : -

(3.) AN application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure was filed by the respondents -defendants claiming rejection of the plaint for want of jurisdiction. The trial Court vide its order dated 1.4.1998 allowed the aforesaid application and consequently the plaint filed by him was ordered to be returned to him to be presented before a proper Forum. The aforesaid order of the trial Court has been impugned in the instant civil revision.