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IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
Anil Kishore Gupta & Ors. - Petitioners
Versus
State Bank of India, Through Its C.G.M. & Ors. - Respondents
Writ - A No. 6758 of 2004 Connected with Writ - A No. 6145 of 2002
Decided On : 16-08-2023
Post of Senior Assistant - Consequential benefits – Seniority - Cadre – Held, it is evident that in service jurisprudence next below rule is guiding principle in matter of promotion - When ever an employee is passed over by his juniors due to some administrative error or pendency of disciplinary proceedings, his seniority has to be restored back vis-a-vis his juniors as soon as error is detected or such an employee is exonerated of charges - When charged officer does not attend the inquiry, then he cannot contend that Inquiring Authority should not have relied upon documents which were not made available or disclosed to him - Of course, even in an ex parte inquiry, some evidence is necessary to establish charges, especially when charged officer denies charges, uncontroverted documentary evidence in such situation is sufficient to prove charges - writ petition allowed
JUDGMENT :
1. Heard Sri Sudeep Seth, learned Senior Counsel assisted by Sri Amit Kumar Singh Bhadauriya, learned counsel for the petitioner and Sri Gopal Kumar Srivastava, learned counsel for the respondent(s) - Bank.
2. Since both the writ petitions arise and give rise to a similar controversy, the same are being decided by means of this common judgment and order.
3. By means of present writ petition, the petitioner has prayed for issuance of a writ, order or direction in the nature of certiorari quashing the impugned disciplinary order dated 31.03.2004 along with appellate order dated 05.08.2004 as well as order dated 04.09.2004, whereby the petitioner was appointed on the post of Senior Assistant with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to give effect to order dated 01.08.2003 treating the petitioner to be appointed on the post of Senior Assistant with all consequential benefits w.e.f. 01.04.2002 along with 24% interest on delayed payment.
3. Brief facts giving rise to the present writ petition are as under :
Writ-A No.6145 of 2002:
| Sr. No. | Relevant Facts of the Case |
| a. | The petitioner completed his B.Com. in IInd Division from Lucknow University, Lucknow in the year 1981 and LL.B. in IInd Division with 64% Marks from Lucknow University and has passed Ist part Examination of C.A.I.I.B. (Certificate of All India Institute of Bankers). |
| b. | He was appointed on the post of Clerk / Typist by the respondent Bank on 17.07.1984 after having been qualified in written test and interview. He joined on the said post on 27.07.1984 at State Bank of India, Nanpara Branch, District Bahraich. |
| c. | The petitioner was sent on deputation to Inspection Department on Mobile Duty and posted at Zonal Inspection Office, Lucknow on 21.01.1988 and was paid a sum of Rs.325/- per month, as special allowance in addition to other monthly salary. |
| d. | He remained on deputation between the period 21.01.1988 to 19.08.1990. |
| e. | On 20.08.1990, the respondent - Bank absorbed the petitioner as Clerk / typist in Inspection Department and the payment of deputation allowance of Rs.325/- was stopped. |
| f. | On 12.12.1997, on petitioner's own request, he was transferred and posted at SBI's Circle Audit Department, Local Head Office, Lucknow |
| g. | On 14.08.1999, the petitioner was relieved for joining on deputation to SBI, Zonal Inspection Office, Jaipur, Rajasthan to work as Inspection Assistant on mobile duty with special deputation allowance of Rs.750/- per month. |
| h. | Under merit cum Seniority channel, the respondent - Bank held examination for promotion to Junior Management Grade Scale - I Officer (for short, "JMGS - I) to be effective w.e.f. 01.08.1998, wherein the petitioner participated and secured 52 marks out of 60 marks but was not called for interview as he had no seniority marks to his credit by that time and was lower in merit by 4.5 marks. |
| i. | On 18.02.2001 and 25.02.2001, the exam for JMGS-I was again held by the respondent - Bank and the petitioner again participated in the same, however, he was not informed about marks obtained and was not called for interview |
| j. | On 02.09.2001, the respondent - Bank held exam for promotion as Trainee Officers effective w.e.f. 01.08.2000, wherein the petitioner appeared and secured 38.67 marks out of 70 marks but was not called for interview as minimum cut of mark was 40. |
| k. | On 28.01.2002, the petitioner applied for study leave and remained on leave from 05.02.2002 to 08.03.2002. |
| l. | On 10.03.2002, the respondent - Bank held written examination for promotion as Trainee Officer and the petitioner participated in the same, however, he was not informed about result of the |
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