Service Law

Promotion

— Selection — Interview — Interview Committee — If on facts biased against the appellant — Supreme Court directing the appellant's case to be considered by a committee not including any of the officers whom the appellant had impleaded as respondents in previous litigations — In such circumstances, the contention of the appellant that the previous litigation had resulted in institutional bias against the appellant and the senior officers of the employer Bank were therefore biased against him, rejected — Since the answers given by him to the questions asked showed that either he was incapable of answering them or he was deliberately filibustering the interview, held, Interview Committee rightly held him to be not fit for promotion, (2006) 5 SCC 153-A

Service Law

Promotion

— Selection — Interview — Structured and formal interview or informal interview — Promotion to Top Executive Grade Scale VII in State Bank of India — Dates of consideration of the case ranging between 1984 to 1988 — In such circumstances, High Court rightly held that instead of an informal interview under pre-1982 promotion policy, the appellant candidate in the present case had to undergo a structured and formal interview before a committee for being adjudged on the basis of the indicia prescribed in the 1984 policy — Hence, when the appellant obtained the requisite percentage of marks for performance appraisal but his performance at the interview was very poor, held, the appellant's claim to promotion was rightly rejected, (2006) 5 SCC 153-B

Service Law

Extension of service

— Review Committee — Review Committee constituted pursuant to the order in D.C. Aggarwal case dt. 13-5-1994 — In view of the prohibition contained in the said order, plea of bias against the members of the said Review Committee, held, not maintainable, (2006) 5 SCC 153-C

Administrative Law

Natural justice

— Bias/Nemo debet esse judex in propria sua causa — Bias — Presumption against bias — Extension of service — Review Committee — Held, it could not be believed that top-most officers of the employer Bank whose appointment as members of Review Committee had been accepted by the employee concerned without demur and a person of the rank of Chairman-cum-Managing Director of an unconnected bank would all conspire together to deny extension to that employee, (2006) 5 SCC 153-D

Service Law

Extension of service

— Criterion for grant of — Case-law discussed — If the employer (State Bank of India in this case) considers that the continuance of the service of the employee concerned is desirable in the interest of the employer, held, he may allow the employee to continue beyond the age of superannuation but not otherwise — There is no such right vested in the employee to demand an extension, (2006) 5 SCC 153-E

Service Law

Relief

— Extension of service and promotion — Claim to — Employee retiring and dying during pendency of the claim — Even in case of success in such a case the maximum relief to be granted, held, can be only a direction to the employer (State Bank of India in this case) to reconsider the case — Claim of legal heirs of the deceased employee to grant monetary relief to them on the footing that the deceased was entitled to both the said reliefs, rejected, (2006) 5 SCC 153-F