ALL INDIA STATE BANK OFFICERS FEDERATION AND ORS. versus UNION OF INDIA AND ORS.

Citation: [1996] SUPP. 6 S.C.R. 255 · Decided: 13-09-1996 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Dismissed

Judgment (excerpt)

ALL INDIA STATE BANK OFFICERS FEDERATION AND ORS. 
A 
v. 
UNION OF INDIA AND ORS. 
SEPTEMBER 13, 1996 
[.T.S. VERMA AND B.N. KIRPAL, JJ.] 
Service Law : 
State Bank of India Officers (Detenni11atio11 of Tenns and Conditions 
of Service) Order, 1979: Paragraph 17. 
B 
c 
Promoti01r-Ca11didates--From post of Senior Managemeizt Grade 
Scale V to Top Executive Grade Scale VI in State Bank of India-Zone of 
consideration--Omission to limit number of candidate-Validity 
of--Origiizally minimum two years' se1vice in the previous grade/scale required D 
and zone of co11sideration limited to three to four times the number of 
vacancies-However, promotional policy dated 7.3.1989 discontinued limita-
tio11 of zone of consideration a11d raised mi11imum se1vice from two to four 
years-Held: promotio11al policy not illegaf-State Ba11k of I11dia (Supe1vising 
Staff) Se1vice Rules, 197~State Bank of1ndia Act, 195~Ss. 17 and 43. 
Promoti01r-Candidates-From Senior Management Grade Scale V to 
E 
Top Executive Grade Scale VI-Eligibility of-Promotional polity dated 
7.3.1989-Modification in nonns of-Held: promotional policy not ar-
bitrary-Eligibility 1101111s made on realistic basis-To choose best talents to 
man critical positions-Cozm could not sit in appeal to decide what was good F 
for Bank. 
Promotion-From Senior Management Grade Scale V to Top Execu-
tive Grade Scale VI-Inte1view-Candidates-Number of-Guidelines dated 
23.6.1986 issued under Regn. 17-Limited 11umber of candidates to be inter-
viewed to three to four times of vacancies-Applicability of-Held : applicable G 
011/y to Nationalised Banks and not to State Bank of l11dia--Furthe1111ore, 
said guidelines could not be regarded as directions under Sectio11 18 of State 
Bank of India Act-Govemment of India, Mi11istry of Fi11a11ce Guidelines 
dated 23.6.1986-0fficers Se1vice Regulations Regn. 17-Banking Regulation 
Act; 1949. 
H 
255 
A 
B 
256 
SUPREME COURT REPORTS (1996) SUPP. 6 S.C.R. 
Pronwtion--4:andidate~From Senior Management Grade Scale V to 
Top Executive Grade Scale VI-Eligibility of-Promotional policy dated 
7.3.1989-Modification in 1wmzs of-Made by Central Board of State Bank 
of India-Allegedly motivated to benefit certain candidate~onditions 
precedent for such allegations to succee~Held : person making such allega-
tion must conclusively show that intended benefici01ies wielded influence over 
all members of Board-Neither this condition fulfilled nor Chairnian or 
Directors impleade~Hence, petitioners could not be allowed to raise said 
allegations of mala [ides. 
Promotion--4:andidate~From Senior Management Grade Scale V to 
C 
Top Executive Grade Scale VI--4:onsideration of past record~Absence of 
unif 01111 appraisal system-Annual Confidential Rep01ts-Replaced by assign-
ment appraisal system throughout the Bank not simultaneously but in a 
phased manner from 1986 to 1990-Consequently, in case of some officers 
annual confidential rep01ts considered while in case of others assignment 
D appraisal reports considered-Held: absence of wzifornz appraisal system did 
not vitiate selection--4:onsideration of two types of repolts did not result in 
discrimination--4:onstitution of India, 1950, Alt. 14. 
Promotion--4:andidate~From Senior Management Grade Scale V to 
Top Executive Grade Scale VI-Past record for period which exceeded min-
E imum length of service in post immediately below--Co11sideration 
of-Whether vali~Held : consideration of peifomzance of six years while 
minimum service for eligibility was four years did not cause prejudice to any 
officer. 
Promotion--4:andidate~From Senior Management Grade Scale V to 
F 
Top Executive Grade Scale VI--lnterview-Prescribed minimum 60% marks 
as eligibility criterion-Validity of-Held : inte1view marks represented only 
25% of aggregate mar~No exaggerated weightage given to marks prescribed 
in interview. 
G 
Practice and Procedure : 
Affidavit-False allegation in--4:hallenge of promotion to Top Execu-
tive Grade Scale VI in State Bank of India in writ petition by petitione,-
F ederation-ln rejoinder affidavit, the then President of petitioner-Federa-
tion deposed that in fact only V, an officer of B01zk, had allotted marks on 
H the individual promotion appraisal f onns on basis of which list of candidates 
ALL INDIA STATE BANK OFFICERS FEDERATION v. U.O.l. 
257 
-
prepared and signed by three members of Screening Committee-Supreme A 
Court directed the then President to verify on affidavit the said allegation 

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