AJAY KUMAR SRIVASTAVA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) With consent of the parties, writ application itself along with I.A. has been heard on merits for final disposal.

(2.) Petitioner, in this writ petition, has assailed the validity of the order dated 3.11.1997, contained in Annexure-9, whereby and where under his services after retirement with effect from 30th November, 1997 has been extended only for the purpose of continuance and conclusion of the disciplinary proceeding.

(3.) In short, the relevant facts are that the Petitioner joined the service of the State Bank of India under Calcutta Circle in the year 1958. Later he was promoted in Middle Management Grade II and was posted as Branch Manager in Patna Region. In the year 1979, the Petitioner joined in Agriculture Market Yard, Mohania (Rohtas) under the scheme of the Bank for the development of agriculture produce. According to the Petitioner, in October, 1982, audit was conducted with respect to the said scheme and no irregularity and illegality was found. On 19th January,1983, the Petitioner had a massive heart-attack at Mohania and his condition was critical, which led to his removal to Ranchi, where he was confined to bed due to prolonged illness. During the course of illness the Petitioner was served with the order of suspension dated 12.5.1983, contained in Annexure-1, by the Respondents. The charge of alleged irregularity were also served upon the Petitioner vide letter dated 16.9.1983, contained in Annexure-2. A criminal case was also registered by the Central Bureau of Investigation (C.B.I.) in which charge sheet against the Petitioner was submitted on 31.12.1984 and after cognizance the said criminal case is pending for trial against him. However, while the Petitioner was to retire on attaining 60 years of age on 30th November, 1997 the impugned order was conveyed to him along with the articles of charges (Annexure-10). It appears that earlier the articles of charges and statement of allegations were served on the Petitioner vide letter No. DGM/P/PS/51 dated 9.9.1997 and vide Annexure-10 addition/amendments to the same were made.