- (1.) Heard Shri Siddharth Khare, learned counsel for the petitioner and Shri Satish Chaturvedi, learned counsel for the respondents. By means of present writ petition, the petitioner has prayed for following reliefs:- "(i) a writ, order or direction in the nature of certiorari quashing the order dated 7.9.2011 passed by the Assistant General Manager (Administration), State Bank of India, Administrative Office, Bareilly (Annexure 20 to the writ petition) as also the order dated 21.11.2011 passed by the Dy. General Manager (B&O), State Bank of India, Bareilly Division, Bareilly (Annexure 22 to the writ petition). (ii) a writ, order or direction of a suitable nature commanding the respondents to reinstate the petitioner in service with all consequential benefits of continuity of salary and arrears of salary. (iii) a writ, order or direction of a suitable nature commanding the respondents to grant promotion to the petitioner on higher post with effect from the date from which the persons junior than the petitioner has been so promoted with all consequential benefits thereof."
(2.) It appears from the record that the petitioner was appointed as Clerk-cum-Cashier on 10.02.1981 in the respondent bank. In January 1993 the petitioner was posted as Clerk-cum-Cashier at Chaurasi Ghanta Branch of the State Bank of India at Moradabad City. On 12.1.1993 the cash verification was conducted by the Branch Manager of Katghar Branch and a report was submitted with regard to shortage of sum of Rs.1,01,000/- in the cash strong room of the Chaurasi Ghanta Branch. The strong room of every branch of the State Bank of India remains in joint custody of more than one person. On the basis of the report dated 12.1.1993 a show cause notice dated 22.1.1993 was issued by the Branch Manager calling upon the petitioner to make good the shortage. This notice contains a recital that this was without prejudice to the bank for taking disciplinary action. A perusal of the notice dated 22.1.1993 would disclose that the petitioner was only a joint custodian and that the cash strong room was in joint custody. A notice dated 22.1.1993 was also issued to Shri C.P. Singh, Accountant at the said Branch, who was also a joint custodian along with the petitioner.
(3.) On 16.1.1993 an order was passed by the Assistant General Manager placing the petitioner under suspension with immediate effect. Even though the cash section was undisputedly under the joint custody of the petitioner and Shri C.P. Singh, it was the petitioner alone who was singled out for the passing of the order of suspension. No such order was passed with regard to Shri C.P. Singh even though the notice dated 22.1.1993 mentioned above was issued both to the petitioner and Shri C.P. Singh, Accountant.;