Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7843 OF 2012
State Bank of India and another …Appellants
versus
Ms. Minshu Saxena and another …Respondents
O R D E R
1. This appeal is directed against order dated 13.1.2012 passed by the
Division Bench of the Allahabad High Court in Writ Petition (Civil) No.
37121 of 2011. The operative portion of the High Court’s order reads as
under:
“In the result, the petition succeeds and is allowed. The order
relating to discharge of the petitioner from service passed by
the General Manager (NW-II), State Bank of India, Human
Resources Department, 13 Floor, Local Head Office 11, Sansad
Marg, New Delhi on 13.05.2011 (Annexure No.9 to the writ
petition) is hereby quashed. A direction is issued to the
respondent-bank to examine and evaluate the descriptive paper
of the written examination of the petitioner and to scrutinize the
case of the petitioner for confirmation on the basis of her
performance in the said descriptive paper and interview, if any.
Till a fresh decision is taken in this regard, the petitioner shall
be allowed to continue in service with continuity, on the post of
Probationary Officer and be paid emoluments, as would have
been payable to her, had her services not been discharged. As
far as back wages are concerned, the petitioner would be
entitled to 50% of the back wages, which shall be paid to her
within one month of the production of certified copy of this
order.”
JUDGMENT
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2. By a separate judgment pronounced today in Civil Appeal Nos. 7841-
7842 of 2012 – State Bank of India and others v. Palak Modi and another,
we have upheld an almost identical order passed by the High Court in Writ
Petition (Civil) Nos. 1298 of 2011 and 1512 of 2011.
3. For the detailed reasons recorded in the aforesaid judgment which
shall be read as part of this order, the appeal is dismissed.
4. The appellants are directed to reinstate respondent No.1 within 15
days of the production of copy of this order before respondent No.3 and give
her all consequential benefits like pay, allowances, etc. within next one
month. However, it is made clear that this order shall not preclude the
competent authority from taking fresh decision in the matter of confirmation
of respondent No.1 after giving her effective opportunity of hearing against
the allegation of use of unfair means in the test held on 27.2.2011.
JUDGMENT
…..……….....……..….………………….…J.
[G.S. SINGHVI]
…………..………..….………………….…J.
[SUDHANSU JYOTI MUKHOPADHAYA]
New Delhi,
December 03, 2012.
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JUDGMENT
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