D.BASU
K. M. MUKHERJEE – Appellant
Versus
SECRETARY AND TREASURER, S. B. I. – Respondent
( 1 ) THE petitioner was appointed as a clerk in the Head Office of the Imperial Bank in March, 1948. Under Section 7 of the State Bank of India Act, 1955, the petitioner's services were transferred from the Imperial Bank to the State Bank of India, and in 1961 he was transferred to the Dinhata Pay-Office in the district of Coochbehar. On the 18th December, 1961, he was suspended and on the 19th February, 1962, he was served with a notice to show cause on several charges. There was a departmental inquiry held on the charges on the 13th July, 1962, and on the 5th November, 1962, he was asked to show cause why he should not be dismissed from service. The order of dismissal was eventually passed on the 31st December. 1962, under the terms of para 521 (5) (a) of the "shastri Award", and it is to challenge the validity of that order (Ann. A. p. 9 (a) of the petition) that the present petition under Article 226 of the Constitution has been brought oh the following grounds: (1) That while the Appointing Authority of the petitioner was the Chief Accountant, he has been dismissed by the Staff Supdt. , an officer below the rank of the Appointing Authority. (2) That the inquiry w
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