M L SHARMA Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) The petitioner has inter-alia prayed for the quashing of the order dated February 20, 1981 passed by the State Bank of India (hereinafter referred to as the Bank) by which he was dismissed from service and also for the issue of an appropriate direction to the respondents to treat him as "under suspension" till the final outcome of the appeal before the Hon'ble Supreme Court vide order dated 9.3.1987 (P-7) and to grant the petitioner the subsistence allowance till 9.3.1987." A few facts may be noticed.

(2.) According to the petitioner, on May 1, 1980 his wife "while preparing breakfast caught fire from the stove." A case under Section 302/34 Indian Penal Code was registered against the petitioner, his mother and his niece (sister's daughter). All the three were arrested by the police. They were granted bail by the learned Additional Sessions Judge on May 23, 1980. On account of his involvement in this case the petitioner was placed under suspension by the Bank vide orders dated June 18, 1980. Vide order dated December 9, 1980 the petitioner was convicted by the learned Sessions Judge. His appeal was dismissed by this Court on June 4, 1981. After a lapse of about five years, the petitioner filed a special leave petition in Hon'ble the Supreme Court if India viz. S.L.P. (Criminal) No. 333 of 1986. Vide order dated March 9, 1987 their Lordships were pleased to dismiss this petition. His conviction was thus sustained by even the apex Court. The petitioner was finally released from jail on March 16, 1992.

(3.) In the meantime, after the petitioner had been convicted by the learned trial Court, the Bank issued a show cause notice dated January 1, 1981, calling upon the petitioner to explain as to why he be not dismissed from service. The petitioner submitted his reply on February 4, 1981. Vide order dated February 20, 1981, a copy of which has been produced on the record as Annexure P-6 with the writ petition, the bank dismissed the petitioner from service. The petitioner challenges this order through this writ petition which was filed by him on September 23, 1993. He avers that he was entitled to the payment of subsistence allowance till the dismissal of his petition for special leave by their Lordships of the Supreme Court on March 9, 1987 and that the order dated February 20, 1981 dismissing him from service was wholly illegal and void.