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2004 Supreme(Del) 86

High Court Of Delhi
S.L.SALUJA - Appellant
Versus
STATE BANK OF INDIA - Respondent
CIV.WRIT 2840 of 2000
Decided On : 02/09/2004

Advocates Appeared:
GOPAL SUBRAMANIUM, MUKUL ROHTAGI, SANJAY KAPOOR, SURENDER MIGLANI,

Headnote:SBI Officers Service Rules - Rule 19 — Retirement from service — Departmental proceedings continued after retirement — Continuation justified on the basis of extension of service granted to the employee which was permissible under the rules — Charges against the petitioner were serious in nature relating to loss of merely Rs. 1 crore — It cannot be said that continuation of employee in service would not be in the interest of bank — Writ petition dismissed.

PRADEEP NANDRAJOG, J.

( 1 ) PETITIONER joined service under the bank on 8. 1. 1967. Rule 19 of the S. B. I. Officers Service Rules regulates the age of superannuation of the officer employees. Said rule as in force upto 31. 5. 1998 read as under :

"19 (1) an officer shall retire from the service of the Bank on attaining the age of fifty-eight years or upon the completion of thirty year s service or thirty year s pensionable service if he is a member of the Pension Fund, whichever occurs first. Provided that the competent authority may, at its discretion, extend the period of service of an officer who has attained the age of fifty eight years or has completed thirty years service or thirty years pensionable service as the case may be, should such extension be deemed desirable in the interest of the Bank, so however, that the service rendered by the concerned officer beyond 58 years of age except to the extent of the period of leave due at that time will not count for purpose of pension. Provided further that an officer who had joined the service of the Bank either as an officer or otherwise on or after July 19, 1969 and attained the age of 58 years shall not be granted any further extension in service. Provided further that an officer may, at the discretion of the Executive Committee, be retired from the Bank s service after he has attained 50 years of age or has completed 25 year s service or 25 year s pensionable service as the case may be, by giving him three month s notice in writing or pay in lieu thereof. Provided further that an officer who has completed 20 years service or 20 years pensionable service, as the case may be, may be permitted by the Competent Authority to retire from the Bank s service subject to his giving three month s notice in writing or pay in lieu thereof unless this retirement is wholly or partly waived by it. 19 (2) notwithstanding anything to the contrary in these rules, no officer who has ceased to be in the Bank s service by the operation of, or by virtue, of any provision shall be deemed to have retired from the Bank s service for the purpose of the Imperial Bank of India Employees Pension and Guarantee Fund Rules or the State Bank of India Employees Pension Fund Rules unless such cessation of service has been sanctioned as retirement for the purpose of either of the said pension fund rules as may be applicable to him. 19 (3) in case disciplinary proceedings under the relevant rules of service have been initiated against an officer before he ceases to be in the Bank s service by the operation of, or by virtue of, any of the said rules or the provisions of these rules, the disciplinary proceedings may, at the discretion of the Managing Director, be continued and concluded by the authority by which the proceedings were initiated in the manner provided for in the said rules as if the officer continues to be in service, so however, that he shall be deemed to be in service only for the purpose of the continuance and conclusion of such proceedings. Explanation : An officer shall on the last day of the month in which he completes the stipulated service of age of retirement. "

( 2 ) BY circular dated 29. 5. 1998, the age "58 years" stood enhanced to "60 years".

( 3 ) CIRCULAR aforesaid was followed by another circular dated 31. 12. 1998. Inter alia, it was stipulated as under :-

( 4 ) CONSEQUENT upon the decision taken by the Government of India to raise the retirement age of employees of Banks to 60 years from 58 years as circulated vide our circular No. CDOPER:27:98-99 dated 13. 6. 1998, the extension in service of our officials may be considered/reviewed by the bank as under :

FIRST Stage on completion of 30 years of service/pensionable service or on attaining 55 years of age whichever occurs first, for grant of extension/ continuation upto 58 years of age. Second stage on attaining 58 years of age for grant of extension/continuation upto 60 years of age being the age of retirement.

( 5 ) WHILE he wa




























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