Chandra Prakash Singh & Ors vs Chairman, Purvanchal Gramin Bank & Ors

4. In the year 2001, 47 posts of Scale II officer and 16 posts of Scale I officer were required to be filled in the Gramin Bank. The Board of Directors of the Gramin Bank in its meeting held on 20.09.2001 approved the holding of the written examination by the Institute of Banking Personnel Selection, Mumbai [hereinafter referred to as 'the Banking Institute, Mumbai']. A Circular was issued on 09.07.2002, fixing 18th August, 2002 the date on which the written test was stated to be held. All the appellants appeared at the written test without any protest on any ground whatsoever.

5. It appears from the record that one Mr. Tiwary, Director of Gramin Bank on 22.10.2001 made a complaint to the Finance Minister, Government of India, giving details of corruption and financial irregularities committed by the officers of the Gramin Bank. On 25.06.2002, Uttar Pradesh Gramin Bank Officers and Workers Organization alleged to have submitted a complaint to the Chief General Manager, State Bank of India, against the Chairman of the Gramin Bank.

6. 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 conducted 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 cousin-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 State Government appointed inquiry committee consisting of two officers of the Directorate of Institutional Finance, Lucknow. 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 communication dated 27.07.2004. The appellants prayed that in view of the report submitted against improper functioning and acts of commission and omission of the officers/officials of the Gramin Bank, the examinations should be cancelled and fresh examinations be conducted. 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 could not 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 could 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. The names of the appellants did not appear in the said list. 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 counter affidavit, ordered that the process of selection may go on but no appointments be made. The interviews were subsequently held on 23.09.2004 and 24.09.2004 respectively.

17. In the light of the above-said settled law, we have examined the facts and circumstances of the case in hand. In the present case, it is not in dispute that the Board of Directors of the Gramin Bank in its meeting held on 20th September, 2001 approved the holding of the written examination of promotion by the Banking Institute, Mumbai for 47 posts of Scale II officers and 16 posts of Scale I officers. A Circular to that effect was issued on 09th July, 2002 fixing 18th August 2002 as a date on which the written test was scheduled to be held. The appellants appeared at the written test but they could not qualify the test. Sri Zameer Hasan respondent No.10, at the relevant time, was the Chairman of the Gramin Bank whereas respondent nos. 2, 3 & 5 to 9 were the Directors of the Gramin Bank. Sri J.K. Lahri respondent no. 4 was the Director of the Gramin Bank as nominee of the State Bank of India and Sri D.P. Sanda respondent No.11 was Director of Banking Institute, Mumbai. The merit list of the successful candidates was prepared by the Banking Institute, Mumbai which was sent to the Gramin Bank. The list containing 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. In between the holding of the written test on 18th August, 2002 and placing the selected list of the successful candidates on the notice board on 01st June, 2004, there was an interim injunction order operating against the Gramin Bank not 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. Respondent No.10 was transferred on 28th May, 2004 as General Manager of the Gramin Bank, Deorai, but he has not relinquished the charge till the date of declaring the result of the written test. It is also established on record that on 07th June, 2004, the successor Chairman of respondent No.10 placed the same merit list of the successful candidates on the Notice Board for the inspection of the candidates. The names of the appellants herein did not appear in the said select list. The personal interviews of the successful candidates were held on 23rd September, 2004 and 24th September, 2004. The inquiry ordered to be conducted by the State Government in regard to the mismanagement and other irregularities etc. of the Gramin Bank, was ex parte without giving any intimation to the Board of Directors of the Gramin Bank. The State Government ex facie does not exercise any control over the Gramin Bank since under Section 29 of the Act, the Gramin Bank is governed by the policies of the Central Government. The High Court in its judgment has observed that the report submitted by the members of the committee appointed by the State Government did not point out any infirmity in the conduct of the written examination. The appellants have not made the Banking Institute, Mumbai, who conducted the examination, as party in writ petition nor any allegation of mala fide or mal- practice has been alleged against the institution. The appellants have also not made Sri Syed Md. Rizvi, brother, and Sri Kazim Hussain Rizvi, cousin, respectively of the respondent No.10 as parties in the writ petition who, admittedly, were the successful candidates in the written test for the posts in question. The written test was not conducted by respondent no.10 nor was he heading the selection committee. All that has been alleged in paragraphs 11 and 14 of the writ petition by the appellants reads as under:-

21. For the above said reasons, there is no merit in this appeal and it is, accordingly, dismissed. In the facts and circumstances of the case, the parties are left to bear their own costs.