SURESH PRASAD SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) VARIOUS reliefs have been sought for in this writ application but when the matter is taken up for hearing, Mr. Shivendra Kishore confines the writ application to the relief of quashing the order dated 11,6.2001 (Annexure -7) whereby the petitioner has been informed that he is not eligible for pension under the State Bank of India Employees Pension Fund Rules. Further prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to treat the period of suspension till reinstatement i.e. 19.2.1932 to first week of April, 1988 and 23.5.1989 to 10.5.1999 as pensionable service.

(2.) SHORT facts giving rise to the present application are that the petitioner at the relevant time was working in the Junior Management Grade Scale -I with the respondent -State Bank of India. A criminal case was instituted against him on 1.2.1982 and was put under suspension by order dated 19.2.1982. Later on, a departmental proceeding was initiated against him and memo of charges served by order dated 29.12.1982 and ultimately by order dated 30.7.1986 he was removed from service. The order of the disciplinary authority of removal dated 30th of July, 1986 states as follows: "I, therefore, inflict upon you the penalty of "removal from service" with immediate effect in terms of Rule 49 (g) of the State Bank of India (Supervising Staff) Service Rules. I also order that the period spent by you under suspension be treated as one of absence from duty, i.e. you would not be entitled to any salary and allowances other than the subsistence allowance already paid to you."

(3.) IN view of aforesaid order of the appellate authority petitioner was reinstated in service and joined some time in the first week of April, 1988.