ALOK SHARMA, J. - (1.) This petition has been filed by the petitioner with the following prayers: I) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondent Bank to give all retiral benefit, gratuity, provident fund, pension alongwith interest at the rate of 18% per annum to the petitioner forthwith. II) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondent to treat the petitioner continued in service as the order passed by the respondent - Bank dated 24.11.1997 has not been complied with and treating the petitioner in service till the attaining the age of superannuation of the petitioner be given all the retiral benefits. III) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondent Bank to adjust the installment deposited by the petitioner in the Gold Loan Account. IV) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondent Bank to give the benefit of leave encashment to the petitioner and all retiral benefits. V) By issuance of suitable writ, direction or order in the nature thereof thereby the Hon'ble Court may kindly be pleased to direct the respondent to give halting allowance and travelling allowance for a period when the petitioner appeared before the Inquiry Officer at Jaipur and Delhi, after he was retired. VI) Any other order or direction which your lordships may deem just and proper in the facts and circumstances of the case be also passed in favour of the petitioner and in the interest of justice. VII) The writ petition may kindly be allowed throughout with costs.
(2.) The case of the petitioner (since deceased and now represented by his LRs) is that on 7 th June, 1979, he joined the respondent-State Bank of India's (hereafter 'the Bank') service as Technical Officer (Agriculture). Two charge sheets - one relating to Atru Branch and another relating to Jaipur Special Branch were issued to him and disciplinary proceedings were initiated. So far as disciplinary proceedings relating to Atru Branch, penalty of reduction to a lower grade by two stages in the time scale of pay with cumulative effect was visited upon the petitioner vide Bank's order dated 3.7.1999. So far as disciplinary proceedings relating to Jaipur Special Branch was concerned, the petitioner was punished with the penalty of Censure, vide Bank's order dated 28.9.1999.
(3.) While working as Assistant Manager, HMT, Ajmer Branch bank, the petitioner was compulsorily retired from the Bank's service vide order dated 24.11.1997 w.e.f. 30.11.1997 under Rule 19 (1) proviso 3 of SBI Officers Service Rule-1992 and a banker's cheque representing 3 months' pay in lieu of notice period was purportedly sent therewith. The petitioner filed the appeal thereagainst alleging that he did not receive the original banker's cheque representing three months' pay in lieu of notice period, which vitiated the order of compulsory retirement but it was dismissed on 25.5.1998 being time barred. However, the rejection of the appeal is not the subject matter of the petition but recorded as a mere fact, aside of the illegality of his compulsory retirement. The petitioner also alleges that his appointing authority was the Chief General Manager and he was also his disciplinary authority, yet the petitioner's order of compulsory retirement was passed by General Manager (D&PB), who being lower in rank, was not competent to so do. Thus, on account of non compliance of the provisions of law, the petitioner was to be treated in bank's service till his retirement. In the alternative his salary, annual grade increment, interest on provident fund amount, leave encashment, travelling allowance, pension were not duly made over by the bank authorities but arbitrarily withheld by the bank. She also alleges that representation in the matter regarding non credit of installments in Gold Loan Account, despite deposit, remained unattended by the bank.;