State Bank of India Vs. Pralaysaran Chakrabarty - Court Judgment

Excerpt:
- section 115: [tarun chatterjee & h.l.dattu,jj] revision against order of appellate court upholding eviction - dismissal on ground that fact of rejection of application for additional evidence by appellate court was not brought to its notice held, it is improper. revisional court cannot not reject petition on such ground without going into merits of case. - in the result, we dispose of this appeal by directing that the deputy managing director (personnel), central office, state bank of india will take decisions on the voluntary retirement of the appellant and his promotion and his salary and allowances keeping in mind the observations made in this judgment as well as the notice dated 27.6.94 of the appellant revoking his notice to retire voluntarily from service.orderb.n. kirpal, j.1. we heard counsel for the appellant and the respondent in person.2. while allowing the writ appeal filed by the respondent the high court passed the following order:in the result, we dispose of this appeal by directing that the deputy managing director (personnel), central office, state bank of india will take decisions on the voluntary retirement of the appellant and his promotion and his salary and allowances keeping in mind the observations made in this judgment as well as the notice dated 27.6.94 of the appellant revoking his notice to retire voluntarily from service. the said decisions will be taken by the said competent authority within two months from today and the amounts paid to the appellant pursuant to interim orders passed by this court will be adjusted against the salary of terminal benefits of the appellant, as the case may be.3. taking all the facts and circumstances into consideration we do not think that it is appropriate in this case to interfere with the judgment of the high court in exercise of our jurisdiction under article 136 of the constitution. the appeal is dismissed. no costs.

Judgment:
ORDER

B.N. Kirpal, J.

1. We heard counsel for the appellant and the respondent in person.

2. While allowing the writ appeal filed by the respondent the High Court passed the following order:

In the result, we dispose of this appeal by directing that the Deputy Managing Director (Personnel), Central Office, State Bank of India will take decisions on the voluntary retirement of the appellant and his promotion and his salary and allowances keeping in mind the observations made in this judgment as well as the notice dated 27.6.94 of the appellant revoking his notice to retire voluntarily from service. The said decisions will be taken by the said competent authority within two months from today and the amounts paid to the appellant pursuant to interim orders passed by this Court will be adjusted against the salary of terminal benefits of the appellant, as the case may be.

3. Taking all the facts and circumstances into consideration we do not think that it is appropriate in this case to interfere with the judgment of the High Court in exercise of our jurisdiction under Article 136 of the Constitution. The appeal is dismissed. No costs.