Madras High Court
Pinaki Bhattacharya … vs The Chairman on 8 September, 2022
W.P.No.4394 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Writ Petition No.4394 of 2020
Pinaki Bhattacharya …. Petitioner
-Vs-
1.The Chairman
State Bank of India
State Bank Bhavan
Madam Cama Road
Mumbai 400 021.
2.The Chief General Manager
Chennai Circle, State Bank of India
Local Head Office, 7th Floor
College Road, Nungambakkam
Chennai 600 006.
3.The Deputy General Manager
State Bank of India
Regional Business Office
B&O Zonal Office
86, Rajaji Salai, Chennai 600 001.
4.The Regional Manager
State Bank of India
Regional Business Office
Region-I, Zone-II
86, Rajaji Salai, Chennai 600 001. …. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus directing the respondents to consider the
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W.P.No.4394 of 2020
representation of the petitioner dated 08.11.2019 within a time frame fixed by
this Hon'ble Court.
For Petitioner : Mr.P.Arvind
For Respondents : Mr.K.Chandrasekaran
Standing Counsel
ORDER
The prayer sought for herein is for a Writ of Mandamus directing the
respondents to consider the representation of the petitioner dated 08.11.2019
within a time frame fixed by this Court.
2. The petitioner was working as Branch Manager in the Anna Nagar
Branch of erstwhile State Bank of Saurashtra from June 2005 to September 2007
and then transferred to Mount Road Branch of the Bank in September 2007. He
was suspended in November 2007 and a criminal case was registered against
him and three others stating that they conspired together and obtained group
loans from the defacto complainant viz., erstwhile State Bank of Maharashtra
during the period from 2005 to 2007 by depositing forged documents as security
and caused loss to the Bank.
3. Subsequent to the same, the criminal case was taken on file by the
learned XI Additional Sessions Judge (Special Judge for CBI Cases relating to
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W.P.No.4394 of 2020
Banking and Financial Institutions) at Chennai and the petitioner was arrayed as
Accused No.2 out of the four accused. Subsequently, the petitioner was
dismissed from service by the order dated 26.05.2012. Thereafter the trial Court
convicted the petitioner with three years rigorous imprisonment and imposed a
fine by the judgment dated 31.05.2019, against which the petitioner has
preferred an appeal, where he got an order of suspension of sentence as he had
already paid the fine amount.
4. It is the grievance of the petitioner that, though he was dismissed from
service, he is entitled to get certain benefits like his own PF contribution in PF
Account No.5214017, gratuity for the service rendered by him from 1985 to 2012
and encashment of leave on credit at the time of his dismissal. In order to get
these benefits, the petitioner has given a representation dated 08.11.2019 to the
respondents. However, since the same has not been considered, he has filed the
present writ petition.
5. I have heard the learned counsel for the petitioner who after having
reiterated the aforesaid facts would seek the indulgence of this Court to issue
suitable direction to the respondents by way of Mandamus.
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W.P.No.4394 of 2020
6. Heard Mr.K.Chandrasekaran, learned Standing Counsel appearing for
the respondent Bank, who would submit that the petitioner since was dismissed
from service, whether he would be eligible to get the benefits claimed by him
through his representation would be considered in accordance with the extant
rules which are in vogue and the representation would be disposed of within the
time stipulated by this Court.
7. Considering the limited scope of the prayer and having regard to the
submissions made by the learned counsel for both sides, this Court is inclined to
dispose of this writ petition with a direction the respondents to consider the
representation of the petitioner dated 08.11.2019 and pass orders thereon on
merits and in accordance with law within a period of eight weeks from the date
of receipt of a copy of this order. The writ petition is disposed of accordingly. No
costs.
08.09.2022
Index : Yes/No
Internet : Yes/No
KST
https://www.mhc.tn.gov.in/judis
W.P.No.4394 of 2020
To
1.The Chairman
State Bank of India
State Bank Bhavan
Madam Cama Road
Mumbai 400 021.
2.The Chief General Manager
Chennai Circle, State Bank of India
Local Head Office, 7th Floor
College Road, Nungambakkam
Chennai 600 006.
3.The Deputy General Manager
State Bank of India
Regional Business Office
B&O Zonal Office
86, Rajaji Salai, Chennai 600 001.
4.The Regional Manager
State Bank of India
Regional Business Office
Region-I, Zone-II
86, Rajaji Salai, Chennai 600 001.
https://www.mhc.tn.gov.in/judis
W.P.No.4394 of 2020
R. SURESH KUMAR, J.
KST
W.P.No. 4394 of 2020
08.09.2022
https://www.mhc.tn.gov.in/judis
