PROTIK PRAKASH BANERJEE,J. - (1.) The writ petition is moved pursuant to service. At page 72 the so called charge-sheet has been issued. Paragraphs 2 and 3 of the said so called charge-sheet are set out hereinbelow: "2. By your above acts you have ben found, prima facie, liable for committing acts of "Gross Misconduct" under clause 5(j) of the Memorandum of Settlement dated 10/04/2002 on Disciplinary Action and Procedure for workmen staff. 3. The above charges, if proved, would attract the provisions of penalty under clause 6 of the said Memorandum of Settlement."
(2.) The said Memorandum of settlement can be found at page 215 of the writ petition.
(3.) This memorandum of bipartite settlement dated April 10, 2002 has been referred to by the Bank which is a public employer and is moreover a statutory body corporate under the State Bank of India Act 1954. Therefore, it is "State" within the meaning of Article 12 of Constitution of India. As a model employer if it quotes a certain document as that as that which gives it jurisdiction to do something, it must be held strictly to the said document. In other words, when the respondent State waves the procedural sword of a settlement it must trace its jurisdiction to such memorandum of settlement or accept that it has no jurisdiction.;