Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam 1981-ss. l 0 and 12 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service law:Madhya Pradesh Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 - ss. 10 and 12 - Cooperative Bank - Clerk-cum-typist - Termination on the ground of illegality in selection process - Challenged on the ground that show cause notice not issued nor opportunity of hearing afforded in the enquiry by Lokayukt - Held: Termination not legal - Employees concerned were subjected to written test, interview, execution of security bond and satisfied Staff Service Rules - Madhya Pradesh Cooperative Societies Act, 1960 - s. 55(1) - Madhya Pradesh Rajya Sahakari Bank Employees (Terms of employment and Working Conditions) Rules, 1976.Public appointments - Principles to be followed - Reiterated.On 24.6.1994, the Managing Director of the appellant-Bank sent a letter to the Cooperative Commissioner and Registrar, Cooperative Societies, M.P. requesting for filling up of at least 60 posts against 100 vacant posts of Clerks-cum-Typists. Pursuant to the said request, Additional Registrar, by his reply dated 29.6.1994 granted permission to appoint 40 persons on ad hoc basis for six months mentioning that meanwhile the Bank would take steps to fill up the vacant posts by issuing legal advertisement and keeping in view the reservation under Government Rules and Staff Service Rules.On 11.11.1994, permission to fill up 20 more posts was granted. Pursuant to the aforesaid sanction letters, on 31.01.1995, the Bank appointed 60 clerks-cum-typists on ad-hoc basis for a period of six months. After appointment, two employees left the services of the Bank. After expiry of six months, as envisaged under Rule 22(a) of the Staff Service Rules, 1976, all the appointed persons appeared in the written examination and were successful. Those persons appeared for an interview before the Selection Committee. The Selection Committee, after satisfying itself, recommended their names for appointment on regular basis. All the appointed persons were asked by the Bank to furnish Security Bond for a period of three years with a deposit of Rs.5,000/-. All the appointees complied with the said condition. While they are discharging their duties, taking into consideration their performance etc., the appointing authority, under Rule 14(b), confirmed their services on the post of Clerks-cum-typists on 30.10.1996. On 27.10.1997, without any notice or assigning any reason, the Managing Director of the Bank issued termination order under Rule 61 of the Rules. Aggrieved by those orders, the affected persons filed writ petition before the High Court claiming that the termination order was issued by the Bank on the basis of the direction dated 01.08.1997 issued by the Commissioner Cooperatives-cum-Registrar, to the Managing Director of the Bank on the foundation that the Lokayukt had found 58 clerks-cum-typists were illegally appointed on the post, hence it was imperative to terminate their services taking aid of Rule 61 of the Staff Service Rules. High Court allowed the writ petition. The Bank and the employees both filed appeals before this Court. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2007 INSC 975 |
Petitioner | M.p. State Coop. Bank Ltd., Bhopal |
Respondent | Nanuram Yadav And Ors. |
SCR | [2007] 10 S.C.R. 307 |
Judgement Date | 2007-09-25 |
Case Number | 4481 |
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