STATE BANK OF INDIA STATE BANK OF INDIA A K SOUNDRARAJAN Vs. S VUAYA KUMAR:T DAYAKAR RAO:CENRTRAL BOARD OF DIRECTORS STATE BANK OF INDIA
LAWS(SC)-1990-7-30
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on July 18,1990

STATE BANK OF INDIA,A.K.SOUNDRARAJAN Appellant
VERSUS
S.VUAYA KUMAR,T.DAYAKAR RAO,CENRTRAL BOARD OF DIRECTORS,STATE BANK OF INDIA Respondents





Cited Judgements :-

INDERPAL SINGH VS. UNION OF INDIA [LAWS(DLH)-1994-5-114] [REFERRED]
PEPSICO RESTAURANTS INTERNATIONAL I PRIVATE LIMITED VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1995-12-47] [REIIED ON]
AVIS INTERNATIONAL LIMITED VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1996-11-20] [REFERRED [PR.5]]
ANSAL AND SAIGAL PROPERTIES PRIVATE LIMITED VS. L AND D O [LAWS(DLH)-1998-5-15] [REFERRED .]
SUMER SINGH VS. UNION OF INDIA [LAWS(DLH)-1998-5-8] [REFERRED]
Y K SINGLA VS. PUNJAB NATIONAL BANK [LAWS(DLH)-1999-5-93] [REFERRED]
INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED VS. AJAY KUMAR [LAWS(DLH)-1999-11-72] [REFERRED]
RAM TYAGI VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2000-7-114] [REFERRED]
SEPOY LAKHBIR SINGH VS. UNION OF INDIA [LAWS(DLH)-2002-4-8] [REFERRED]
MOHAN LAL GUPTA VS. D A V COLLEGE MANAGING COMMITTEE [LAWS(DLH)-2004-1-33] [REFERRED TO]
R B CHAUHAN VS. FOOD CORPORATION OF INDIA [LAWS(DLH)-2006-3-213] [REFERRED TO]
S L VARUN VS. DELHI POWER COMPANY LTD [LAWS(DLH)-2007-4-21] [REFERRED TO]
U P STATE SUGAR CORPN VS. BIPIN KUMAR MISHRA [LAWS(ALL)-1993-8-44] [REFERRED TO]
MOHD AQUIL SIDDIQUI VS. U P STATE PUBLIC SERVICE TRIBUNAL [LAWS(ALL)-1996-4-73] [REFERRED TO]
KAILASH NATH GUPTA VS. ENQUIRY OFFICER ALLAHABAD BANK [LAWS(ALL)-1996-5-56] [REFERRED TO]
RAM JANAM DWIVEDI VS. GENERAL MANAGER II U P S R T C [LAWS(ALL)-1997-7-139] [REFERRED TO]
SATYA RAM SINGH VS. DISTRICT MAGISTRATE KANPUR DEHAT [LAWS(ALL)-1997-9-99] [REFERRED TO]
SATYA PRAKASH VS. STATE OF U P [LAWS(ALL)-1997-9-91] [REFERRED TO]
RAM BACHAN YADAV VS. COMMANDANT P A C 20TH BATALLION [LAWS(ALL)-1997-9-204] [REFERRED TO]
SATYA PRAKASH SHARMA VS. ASSISTANT COMMANDANT R P F CENTRAL RAILWAY AGRA CANTT AGRA [LAWS(ALL)-1998-2-104] [REFERRED TO]
MANAGING DIRECTOR CANARA BANK VS. RAMJI SHUKLA [LAWS(ALL)-1998-3-150] [REFERRED TO]
AJIT KUMAR NAG VS. GENERAL MANAGER P J INDIAN OIL CORPORATION LTD [LAWS(SC)-2005-9-66] [REFERRED TO]
SATINDER SINGH ARORA SATINDER SINGH ARORA VS. STATE BANK OF PATIALAS:STATE BANK OF PATIALA [LAWS(SC)-1991-10-31] [REFERRED TO]
PRAKASH SRIVASTAVA VS. U P SAHKARI GRAMYA VIKAS BANK LTD [LAWS(ALL)-1999-3-127] [REFERRED TO]
I T I LTD VS. UNION OF INDIA UOI [LAWS(ALL)-2002-8-198] [REFERRED TO]
MIRZA IQBAL ASHRAF VS. THE HONBLE HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2002-9-125] [REFERRED TO]
JAGESHWAR PRASAD TIWARI VS. UTTAR PRADESH ROADWAYS TRANSPORT CORPORATION REGIONAL CHIEF MANAGER MIDDLE [LAWS(ALL)-2003-4-5] [REFERRED TO]
SANT KUMAR UPADHYAY VS. STATE OF U P [LAWS(ALL)-2003-4-82] [REFERRED TO]
MUNNA LAL II VS. HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2003-7-183] [REFERRED TO]
HARISH CHANDRA TEWARI VS. STATE OF U P [LAWS(ALL)-2003-12-73] [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. GUJARAT ELECTRICITY EMPLOYEES UNION [LAWS(GJH)-1991-9-28] [REFERRED]
UNION OF INDIA VS. RAMJISINGH TILAKDHARI SINGH [LAWS(GJH)-1992-8-3] [RELIED ON]
SATYA NARAIN SINGH VS. INDUSTRIAL TRIBUNAL [LAWS(ALL)-1999-1-31] [REFERRED TO]
RAMBIR MISHRA VS. UNION OF INDIA [LAWS(ALL)-2004-5-110] [REFERRED TO]
AMAR DEEP SINGH JADON NETRAPAL SINGH VS. BANK OF INDIA [LAWS(ALL)-2004-8-64] [REFERRED TO]
ATUL KUMAR VS. U P EXPORT CORPORATION LTD [LAWS(ALL)-2004-11-177] [REFERRED TO]
EX HAVILDAR AKBAR SINGH BANS LAL SINGH VS. CHIEF OF THE ARMY STAFF COMMANDANT AND EX OFFICIO CHIEF RECORDS OFFICER [LAWS(ALL)-2005-8-228] [REFERRED TO]
ELANGBAM NIMAI SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1997-5-15] [REFERRED TO]
ABUJAM AMUBA SINGH VS. STATE OF MANIPUR [LAWS(GAU)-1999-3-4] [REFERRED TO]
RAJKUMAR SARMAH VS. UNION OF INDIA [LAWS(GAU)-1999-10-10] [REFERRED TO]
L DORENDRA SINGH VS. MANIPUR PUBLIC SCHOOL SOCIETY [LAWS(GAU)-2003-11-29] [REFERRED TO]
STATE BANK OF INDIA MUMBAI VS. ARJUN DEVI ANAND [LAWS(ALL)-2007-9-14] [REFERRED TO]
SHAH ID VS. STATE OF U P [LAWS(ALL)-2007-12-176] [REFERRED TO]
A AMARENDERNATH VS. SARASWATHI GRAMEENA BANK [LAWS(APH)-1993-2-38] [REFERRED TO]
E SHANKAR REDDY VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2001-6-98] [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD BANGALORE VS. T K PUTTASWAMY GOWDA [LAWS(KAR)-1992-12-9] [REFERRED TO]
V K GOPAL VS. H M T LIMITED BANGALORE [LAWS(KAR)-1994-8-4] [DISTINGUSED , DIST.; 15.]
GANESH CHANDRA SAHA VS. UNION OF INDIA [LAWS(CAL)-1996-4-7] [REFERRED TO]
GANESH CHANDRA SAHA VS. UNION OF INDIA [LAWS(CAL)-1996-4-7] [REFERRED TO]
SAMPADA JOSHI VS. BANK OF MAHARASHTRA [LAWS(MPH)-2001-11-59] [REFERRED TO]
CHEKKA RAMA GOPAL VS. BOARD OF DIRECTORS M P STATE CIVIL SUPPLIES CORPORATION LTD [LAWS(MPH)-2002-10-32] [REFERRED TO]
ROOPCHAND WASWANI VS. STATE BANK OF INDIA [LAWS(MPH)-2003-5-65] [REFERRED TO]
S N TIWARI VS. UNION OF INDIA [LAWS(CAL)-2003-11-42] [REFERRED TO]
UNION OF INDIA VS. RAM SUNDER RAM [LAWS(CAL)-2004-12-27] [REFERRED TO]
KASI M VS. MGMT OF INDIAN BANK [LAWS(MAD)-2001-3-55] [REFERRED TO]
MANNALAL S O RAMPRASAD YADAO VS. PRESIDING OFFICER SECOND LABOUR COURT [LAWS(BOM)-1996-9-7] [REFERRED TO]
D A PERUMAL VS. UNION OF INDIA [LAWS(BOM)-2000-4-25] [REFERRED TO]
ASHOK UDARAM PATHIRABE VS. MAHARASHTRA REMOTE SENSING APPLICATION CENTRE [LAWS(BOM)-2006-11-85] [REFERRED TO]
RAMCHHABIL JAGARU KUSHWAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-2-51] [REFERRED TO]
PUNJAB ANAND LAMP EMPLOYEES UNION VS. PUNJAB ANAND LAMP INDUSTRY LTD [LAWS(P&H)-1996-2-96] [REFERRED TO]
JAGDISH CHANDER VS. STATE OF HARYANA [LAWS(P&H)-1996-3-64] [REFERRED TO]
GURSHARAN SINGH GHAI VS. AMRITSAR CENTRAL COOPERATIVE BANK LIMITED [LAWS(P&H)-1996-7-52] [REFERRED TO]
Prakash VS. Board of Directors Mithila Kshetriya Gramin Bank Darbhanga [LAWS(PAT)-1995-9-34] [REFERRED TO]
D K BANERJEE VS. FOOD CORPORATION OF INDIA [LAWS(P&H)-1996-9-28] [REFERRED TO]
PARMA NAND SINGH VS. STATE OF BIHAR [LAWS(PAT)-1997-4-23] [REFERRED TO]
PARMA NAND SINGH VS. STATE OF BIHAR [LAWS(PAT)-1997-4-76] [REFERRED TO]
VEER PAL SINGH VS. UNION OF INDIA [LAWS(RAJ)-1996-2-12] [REFERRED TO]
LAKSHMAN KUMAR VERMA VS. STATE BANK OF INDIA [LAWS(PAT)-2001-1-51] [REFERRED TO]
NILANJAN ROY VS. UNION OF INDIA THROUGH THE SECRETARY DEPARTMENT OF PHARMACEUTICALS DOP MINISTRY OF CHEMICALS AND FERTILIZER NEW DELHI [LAWS(P&H)-2012-1-26] [REFERRED TO]
BALIRAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2009-8-76] [REFERRED TO]
EX. HAVILDAR AKBAR SINGH VS. CHIEF OF THE ARMY STAFF [LAWS(ALL)-2005-8-284] [REFERRED TO]
KRANTI GUPTA VS. STATE OF H.P. [LAWS(HPH)-1997-6-28] [REFERRED TO]
DR. NILANJAN ROY VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2012-11-103] [REFERRED TO]
KAMESHWAR SINGH VS. CANARA BANK THROUGH ITS MANAGING DIRECTOR & ORS. [LAWS(PAT)-2013-6-64] [REFERRED TO]
JANAKI BALLABH GUPTA VS. UCO BANK & ORS. [LAWS(MPH)-1995-5-42] [REFERRED TO]
GURUPREMSUKH MEMORIAL COLLEGE ENGINEERING VS. ALL INDIA COUNCIL FORTECHNICAL EDUCATION [LAWS(DLH)-2014-7-359] [REFERRED TO]
PARESWAR TRIPATHY VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ORI)-1998-10-32] [REFERRED TO]
RAM KARAN PATHAK VS. STATE [LAWS(DLH)-2015-5-6] [REFERRED TO]
DR. (MRS.) USHA WADHWA VS. THE RESERVE BANK OF INDIA, [LAWS(DLH)-2006-1-225] [REFERRED TO]
KUNAL MONGA (MINOR) VS. STATE OF PUNJAB [LAWS(P&H)-2000-11-161] [REFERRED TO]
BHASKAR CHANDRA MOHAPATRA VS. THE DISCIPLINARY AUTHORITY, UCO BANK AND ORS. [LAWS(ORI)-2015-7-24] [REFERRED TO]
MAHAVIR SINGH VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-7-97] [REFERRED TO]
ABHIMANYU DHONDIRAM LAHANE VS. THE UNION OF INDIA & ORS [LAWS(BOM)-2016-6-28] [REFERRED TO]
KRISHNA SAHAI VS. UNION OF INDIA AND OTHERS [LAWS(BOM)-2002-8-167] [REFERRED TO]
SMT. KAILASH SHARMA VS. STATE OF PUNJAB THROUGH SECRETARY TO THE GOVT. PUNJAB, EDUCATION DEPARTMENT [LAWS(P&H)-2004-1-100] [REFERRED]
STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY AND OTHERS VS. KALPANA VERMA AND ANOTHER [LAWS(ALL)-2017-9-32] [REFERRED TO]
HANS RAJ VS. STATE BANK OF PATIALA AND OTHERS [LAWS(P&H)-2017-11-26] [REFERRED TO]
UTTAR PRADESH STATE ELECTRICITY BOARD, LUCKNOW AND ANOTHER VS. THE U.P. PUBLIC SERVICE TRIBUNAL AND ANOTHER [LAWS(ALL)-2017-5-466] [REFERRED TO]
CHIEF GENERAL MANAGER VS. M. RAJU [LAWS(CHH)-2019-7-28] [REFERRED TO]
DULARI DEVI VS. UNION OF INDIA [LAWS(ALL)-2019-11-153] [REFERRED TO]
RAJESH YADAV VS. STATE OF HARYANA [LAWS(P&H)-2019-5-317] [REFERRED TO]
BANSIDHAR SENAPATI VS. STATE BANK OF INDIA [LAWS(ORI)-2020-1-11] [REFERRED TO]
SRI BANSIDHAR SENAPATI VS. CHAIRMAN, STATE BANK OF INDIA [LAWS(ORI)-2020-1-16] [REFERRED TO]
KISHOR KUMAR G. C. VS. KARNATAKA STATE HANDICRAFTS DEVELOPMENT ORPORATION LTD. [LAWS(KAR)-2020-9-14] [REFERRED TO]
STATE OF BIHAR VS. MANOJ MADHUP [LAWS(PAT)-2020-1-163] [REFERRED TO]
PROF. ADYA PRASAD PANDEY VS. UNION OF INDIA [LAWS(DLH)-2021-5-54] [REFERRED TO]


JUDGEMENT

KASLIWAL - (1.)SPECIAL leave granted.
(2.)ALL the above cases are disposed of by one single order as identical questions of law are involved in all these cases. In order to appreciate the controversy, facts in brief are stated of all these cases.
The respondent Vijaya Kumar was appointed as a Probationary Officer (Gr. 1 Officer) by an order of the Executive Committee of the Central Board of the State Bank of India on 7-12-71. The respondent was chargesheeted in respect of gross irregularities and corrupt practices and was ultimately dismissed from service by an order dt. 22-12-88 passed bv the Chief General Manager of the Bank. Shri Vijaya Kumar filed a Writ Petition No. 194/83 before the Andhra Pradesh High Court challenging his order of dismissal. A Division Bench of the High Court heard the writ petition along with Appeal No. 141/86 and allowed the writ petition but dismissed the writ appeal by order dated 26-11-87. The State Bank aggrieved against the aforesaid order of the High Court passed in Writ Petn. No. 194/83 has filed this writ petition only on one ground that the appointing authority of Vijaya Kumar was Executive Committee of the Bank and as such Chief General Manager being an authority lower than the appointing authority was not competent to pass an order of dismissal.

In this case the respondent T. Dayakar Rao was appointed as a Clerk in the State Bank of India in the month of October, 1962. in the month of July, 1971 he was selected as a Trainee Officer and was given job training at various branches of the Bank for two years. While he was working as a Bank Manager he was charge-sheeted for irregularities committed by him during the period 1-9-79 to 14-6-80. Disciplinary proceedings were initiated on 29-7-82. On 6-3-84 the Chief General Manager in the capacity of disciplinary authority passed an order of dismissal. T. Dayakar Rao filed a Writ Petition No. 1204/ 84 in the High Court. The Division Bench of the High Court by an order dt. 13/08/1988 allowed the writ petition following the decision of Division Bench given in Writ Appeal No. 141/ 86 dated 26-11-87. The Bank aggrieved against the aforesaid order has filed the Special Leave Petition under Article 136 of the Constitution.

(3.)IN this case Shri A. K. Soundararajan appellant was appointed as Technical Officer by an order dated 14-6-68 of the Executive Committee of the Central Board of the Bank. It was mentioned in the order that Shri Soundararajan would be governed by the State Bank of INdia (Officers and Assistants) Service Rules. Post of Technical Officer was considered equivalent to Staff Officer Grade III under the Rules. He was suspended and given a charge-sheet on 23-4-82 and was dismissed by an order dated 31-3-83 passed by the Chief General Manager. Shri Soundararajan filed a Writ Petition No. 7108/ 85 in the High Court challenging his order of dismissal. Learned single Judge of the High Court by order dated 31-10-88 allowed the writ petition by following the decision given by the Division Bench in Writ Petition No. 1204/ 84 in the case of T. Dayakar Rao. The State Bank aggrieved against the order of the learned single Judge filed an appeal before the Division Bench. The Division Bench in this case took into consideration an amendment made in Regulation 55 by a resolution dated 25-8-88 made applicable with retrospective effect. The Division Bench by order dated 30/11/1989 allowed the appeal filed by the Bank. Shri A. K. Soundararajan aggrieved against the order of the High Court has filed this Special Leave Petition.
It would be necessary to narrate the facts of SLP (C) No. 5139/ 88 (State Bank of India v. Hanumantha Rao) disposed of by an order of this Court dated 30/01/1990.

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