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Usha Chakravorty vs The Chief General Manager And 2 Ors
2024 Latest Caselaw 152 Gua

Citation : 2024 Latest Caselaw 152 Gua
Judgement Date : 10 January, 2024

Gauhati High Court

Usha Chakravorty vs The Chief General Manager And 2 Ors on 10 January, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                    Page No.# 1/3

GAHC010205212021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/6660/2021

            USHA CHAKRAVORTY
            W/O LATE PADUM CHAKRABORTY
            RESIDENT OF C/O SARAT CH. SARMA
            SADA SIVA PATHA, CHIRING CHAPORI, PO CHIRING CHAPORI, PS AND
            DIST DIBRUGARH, ASSAM, 786001



            VERSUS

            THE CHIEF GENERAL MANAGER AND 2 ORS.
            STATE BANK OF INDIA, G.S ROAD, OPPOSITE ASSAM SACHIVALAYA,
            DISPUR, GUWAHATI 06

            2:THE GENERAL MANAGER
             STATE BANK OF INDIA

            ADMINISTRATIVE OFFICE
            DIBRUGARH
            SHRI GOPAL GOSHALA
            CHIRING CHAPORI TR PHUKAN ROAD
            DIST DIBRUGARH
            ASSAM
            786001

            3:THE BRANCH MANAGER.
            THANA CHARIALI BRANCH
             STATE BANK OF INDIA
             DIST DIBRUGARH
            ASASM 78600

Advocate for the Petitioner   : MS S SHARMA

Advocate for the Respondent : MR. B J MUKHERJEE (R-1,2,3)
                                                                       Page No.# 2/3




                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

10.01.2024 Heard Ms. S. Sharma, learned counsel for the petitioner. Also heard Mr. H. Buragohain, learned Standing Counsel, SBI.

In terms of the earlier orders, the learned Standing Counsel, SBI was required to place the relevant Rules or Regulations governing the pension and other service conditions.

The learned Standing Counsel, SBI has produced an extract of the Handbook of the Service Rules/Regulations governing the services of the Officers and Staff of the SBI.

During the course of the hearing, the learned counsel for the petitioner relying upon the Judgment of the Apex Court rendered in Assistant General Manager & Ors Vs. Radhe Shyam Pandey, reported in AIROnline 2020 SC 273 submits that from the Judgment, it is evident that the SBI also has its own voluntary retirement scheme, 2002. However, the scheme is not available in public forum and therefore she is unable to procure a copy thereof.

The learned Standing Counsel, SBI does not dispute the submission and prays for further time to place the complete Rules and Regulations including the voluntary retirement Scheme, 2002 before this Court.

The directions of the Court are with regard to production of the relevant Rules and Memorandums. However, today during the course of the hearing, only an extract of the Handbook of the Service Rules/Regulations governing the Page No.# 3/3

services of the Officers and Staff of the SBI have been produced. That apart, the voluntary retirement scheme, 2002 which is followed by the SBI governing the voluntary retirement schemes under the SBI is also not placed before the Court. It appears that the respondents did not furnish complete instructions to the learned Standing Counsel. Such conduct is of the respondent Bank is deprecated.

Under such circumstances, only for the ends of justice, this Court permits further period of two weeks to the learned Standing Counsel, SBI to procure all relevant records. The respondents are put to notice that in the event the relevant Rules and Regulations which are sought for are not furnished, consequential orders may be passed against the erring officials.

List on 13.02.2024.

JUDGE

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