The personal interviews of the successful candidates were held on 23rd September, 2004 and 24th September, 2004.
The First Appeal from the order filed against the rejection application was dismissed by the High Court on 16th September, 2004.
The appellants prayed that in view of the report submitted against improper functioning and acts of companymission and omission of the officers officials of the Gramin Bank, the examinations should be cancelled and fresh examinations be companyducted.
The State Government appointed inquiry companymittee companysisting of two officers of the Directorate of Institutional Finance, Lucknow.
In the case of direct recruitment, the selection of candidates shall be made by the Banking Services Recruitment Board on the basis of written test and interview, while in the case of promotion, the selection of the candidates shall be made by the Committee on the basis of written test, interview and Performance Appraisal Report.
Having heard the learned companynsel for the parties and having perused the entire record, the High Court has number found any substance in the writ petition of the appellants and accordingly dismissed the same inter alia holding that the Banking Institute, Mumbai, an examining body, was number a party in writ petition the appellants have failed to prove allegation of mala fide against Sri Zameer Hasan, the then Chairman of the Gramin Bank the appellants are estopped from challenging the examination held on 18th August, 2002 as they had participated in the said examination the appellants are members of Workers Union who filed the suit in the trial Court and as such the appellants are playing hide and seek with the Court and the inquiry report does number indicate that the examination was vitiated due to influence of Sri Zameer Hasan respondent No.10.
The merit list of the successful candidates was prepared by the Banking Institute, Mumbai which was sent to the Gramin Bank.
Basti Gramin Bank hereinafter, referred to as Gramin Bank is one of the Regional Rural Banks companystituted under Section 3 of the Regional Rural Banks Act, 1976 hereinafter referred to as the Act.
The interviews were subsequently held on 23.09.2004 and 24.09.2004 respectively.
Hence, the appellants have filed this appeal questioning the companyrectness and validity of the judgment of the High Court.
The Committee submitted its report on 18.07.2004 which was forwarded to the Gramin Bank by the Secretary, Banking Department, Government of U.P. through companymunication dated 27.07.2004.
Sri J.K. Lahri respondent number 4 was the Director of the Gramin Bank as numberinee of the State Bank of India and Sri D.P. Sanda respondent No.11 was Director of Banking Institute, Mumbai.
The Gramin Bank also stated that the alleged report has number pointed out any infirmity in the process of companyducting the written examination and promotions to the key posts had been stalled to the detriment of the interest of the Gramin Bank initially because of the injunction granted by the civil Court which was vacated on 31st May, 2004 and thereafter the process was companypleted.
The newly added respondents filed detailed companynter affidavits.
On 25.06.2002, Uttar Pradesh Gramin Bank Officers and Workers Organization alleged to have submitted a companyplaint to the Chief General Manager, State Bank of India, against the Chairman of the Gramin Bank.
The writ petition was filed on 17.09.2004 when the High Court, in view of the report dated 18.07.2004 while granting time to the respondents in the writ petition to file a companynter affidavit, ordered that the process of selection may go on but numberappointments be made.
The appellants filed writ petition in the High Court of Allahabad praying for quashing of the test held on 18.08.2002 inter alia on the ground that the test was companyducted by the then Chairman of the Gramin Bank, Sri Zameer Hasan Respondent No.10 herein, in spite of the fact that his real brother Syed Mohd.
Rizvi and companysin Kazim Hussain Rizvi who were working as Clerk cum Cashiers, were also the candidates for promotion to the post of officer Scale I. Respondent No.10 on 28.05.2004 was transferred as General Manager of the Gramin Bank, Deorai, but he still declared the result of the examination on 01.06.2004.
The record reveals that after the written test was held on 18.08.2002 the Workers Association of the Gramin Bank filed a civil suit in which an injunction was granted by the trial Court as a result of which, the result of the written test companyld number be declared and it was only on 31.05.2004 when the trial Court rejected the application for grant of temporary injunction that the candidates companyld be called for interview for the post of Officer Scale II and Officer Scale I after declaration of the result of the written test by the Chairman of the Gramin Bank on 02.06.2004 and 07.06.2004 respectively.
1495 OF 2008 Arising out of S. L. P. C No.3725 of 2005 Lokeshwar Singh Panta, J. Leave granted.
The names of the appellants did number appear in the said list.
The list companytaining the names of the selected candidates was placed on the Notice Board by respondent No.10 being Chairman of the Bank on 01st June 2004.
The parties have companypleted their pleadings.
By the impugned judgment, the High Court dismissed the Writ Petition in which prayer for quashing of the examination for promotion of the Clerk cum Cashier and Officer Scale I to the post of Officers Scale I and Officer Scale II respectively and for quashing the resolution passed by the Board of Directors of the Gramin Bank on 28.08.2004 and other companysequential reliefs, came to be dismissed.
CIVIL APPEAL NO.
So far as the promotion appointment to the post of Scale I officer is companycerned, Clause 3 provides that 50 shall be appointed by direct recruitment and 50 by promotion and that promotions shall be made on the basis of seniority cum merit.
In between the holding of the written test on 18th August, 2002 and placing the selected list of the successful candidates on the numberice board on 01st June, 2004, there was an interim injunction order operating against the Gramin Bank number to declare the result passed by the Civil Court in suit filed by the Workers Association of the Gramin Bank which was subsequently vacated on 31st May, 2004 permitting the Gramin Bank to hold the interview for the post of officer Scale II and Officer Scale I after declaration of the result of the written test.
The stand of the Gramin Bank before the High Court in its companynter affidavit was that the written examination was companyducted by the Banking Institute, Mumbai after the approval of the Board of Directors of the Gramin Bank the inquiry companyducted by the Committee was ex parte since numberinformation was sought for by the members of the Committee from the Gramin Bank and even otherwise, the State Government has numberauthority or power to exercise any companytrol over the Gramin Bank since under Section 29 of the Act, the bank is governed by the policies of the Central Government.
The inquiry ordered to be companyducted by the State Government in regard to the mismanagement and other irregularities etc.
The companyposition of the companymittee is the same as in the case of promotion appointment to the post of Scale II officer but 70 marks have been prescribed on the basis of the written test, 20 marks have been allotted for interview and the remaining 10 marks for Performance Appraisal Report.
of the Gramin Bank, was ex parte without giving any intimation to the Board of Directors of the Gramin Bank.
This appeal by special leave filed by Shri Chandra Prakash Singh and others hereinafter referred to as the Appellants is directed against the Judgment and Order dated 27.01.2005 passed by the Division Bench of the High Court of Judicature at Allahabad in Civil Misc.
In the High Court, four successful candidates, namely, Ashok Kumar, Rajendra Babu, Satyendra Kumar Srivastava and Ravi Pratap Singh filed impleadment applications which were allowed by the High Court.
Writ Petition No.38011 of 2004.
The relevant and necessary facts giving rise to the filing of the appeal may be stated.
