STATE BANK OF INDIA OFFICERS ASSOCIATION AND ANOTHER Vs. SHRI S.D. GANDA, CHIEF GENERAL MANAGER AND OTHERS

JUDGEMENT

(1.) The writ Application has been filed for quashing an order of termination issued by the respondent -State Bank of India (hereinafter to be referred to as 'the Bank') in exercise of the powers under paragraph 20 of the State Bank of India Officers (Determination of Terms and Conditions of Service) Order, 1979 (hereinafter to be referred to as 'the Order'). The said Order has been framed under sub -section (1) of Sec. 43 of the State Bank of India Act, 1955 (hereinafter to be referred to as 'the Act'). Petitioner No. I is the State Bank of India Officers Association, Patna Circle. Petitioner No. 2 is Vinod Jetley (hereinafter to be referred to as 'the petitioner'). The petitioner passed B.Sc. (Hons.) in Mathematics in First Class from the Punjab University securing -second position in the University. He was awarded British Council Studentship for research in, Theoretical physics at the University of Manchester for 3 years from 1972 to 1975 and was awarded Diploma for Advanced Studies in; Science from the University of Manchester.. The petitioner joined the State Bank of India on 19.11.1977 as a Probationary Officer after having competed in an All India Recruitment Test. The petitioner was confirmed in Bank's service on 19.11.1979 as Officer Grade I. After series of selection tests he was selected for being posted as India Based Trainee Officer at Chicago Branch of the Bank. The petitioner joined the aforesaid post of the Overseas Branch at Chicago on 29.5.1980.

(2.) According to the petitioner, after he joined at Chicago, he noticed certain glaring irregularities which were likely to jeopardise the interest of the Bank. By a letter dated 20.7.1980 petitioner brought to the notice of the Manager of the Bank at Chicago the aforesaid irregularities. It has been stated that the Manager of the Bank became annoyed and threatened the petitioner that he shall be removed from the service of the Bank. The petitioner requested the Manager of the Bank at Chicago for his repatriation back to India. The petitioner returned to India in the last week of December, 1980. He addressed a letter dated 29.12.1980 to the Managing Director of the Bank informing him about the glaring irregularities in the functioning of the Chicago Branch saying that it was likely to cause substantial loss to the Bank and the country.

(3.) On return to India, petitioner was posted in Bihar. The Regional Manager of the Bank, Region II, Muzaffarpur by a letter dated 27.3.1981 called for an explanation from the petitioner as to how, he had addressed the aforesaid letter dated 29.12.1980 to some of the Directors of the Central Board of the Bank. On 3.4.198l the petitioner replied saying that he had addressed the letters in good faith, keeping in view the interest of the Bank and if there had been any lapse on his part in that respect he was expressing regrets, The Chief General Manager of the Bank at Patna on 21.5.1981 while forwarding the letter aforesaid, dated 3.4.1981 addressed by the petitioner, to the Central Officer of the Bank recommended that the ends of justice would be met if an administrative warning is given to the petitioner. However, the Deputy Managing Director (Personnel and Service) of the Bank, Central Office, Bombay instructed the Chief General Manager of the Local Head Office. Patna by his letter dated 12.8.1981 to terminate the service of the petitioner. The Chief General Manager in exercise of the power under paragraph 20(1) of the aforesaid Order, passed the impugned order dated 24.8.1981 saying, "In terms of paragraph 20(1) of the SBI Officers (Determination of Terms and Conditions of Service) Order, 1979 your services in the Bank are hereby terminated at the close of business today." A cheque for three months' emoluments in lieu of three months' previous notice in writing was also enclosed. Copies of the communications aforesaid have been annexed to the writ application.