Madan Mohan Srivastava vs State Bank Of India Thru. General ...
2021 Latest Caselaw 8575 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL No. - 241 of 2021
 

 
Appellant :- Madan Mohan Srivastava
 
Respondent :- State Bank Of India Thru. General Manager New Delhi & Ors.
 
Counsel for Appellant :- Praveen Kumar
 
Counsel for Respondent :- Sharad Dwivedi
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Manish Kumar,J.

Heard learned counsel for the parties.

By this appeal, challenge is made to the Judgement and Order dated 24-06-2021 passed in Writ Petition No. 12727 (S/S) of 2021, whereby the writ petition preferred by the petitioner to challenge the order of suspension was dismissed. The challenge to the order of suspension was made in reference to the Judgment in the case of Ajay Kumar Chaudhary Versus of Union of India (Civil Appeal No. 1912 of 2015 dated 16-02-2015), where the Supreme Court referred to the currency period of suspension. It could not be beyond the period of three months without serving a chargesheet, though, the order of suspension was not set aside by the Supreme Court despite the delay in issuance of chargesheet.

Learned counsel for the appellant could not show that the Judgment in the case of Ajay Kumar Chaudhary(Supra) has application to this case. It is for the reason that the Judgment in the case of Ajay Kumar Chaudhary(Supra) was not in reference to CCA Rules applicable therein while the rules aforesaid are not applicable in this case as admitted by the learned counsel for the appellant himself.

Learned Single Judge has taken note of the Judgment of the constitutional Bench of the Apex Court in the case of R.P. Kapur Versus Union of India, AIR 1964 SC 787 to show competence of the authority to pass the order of suspension and otherwise learned counsel for the appellant could not refer to the rules requiring service of chargesheet within three months of passing the order of suspension. In the absence of any provision under the rules applicable to this case, the case of Ajay Kumar Chaudhary(Supra) would not have any application.

The chargesheet in this case has already been served and learned Single Judge has issued appropriate directions for completion of the disciplinary proceedings within the time frame given therein.

In view of above, we do not find any reason to cause interference in the Judgment of the Apex Court. The Special Appeal fails and is accordingly dismissed.

Order Date :- 23.7.2021

AKS