MADHYA PRADESH HIGH COURT ISSUES ORDER ON CENTRAL BANK OF INDIA MUMBAI AND OTHERS V/S RAJA MEENA

JABALPUR, India, Feb. 12 -- Madhya Pradesh High Court issued the following judgment/order on Jan. 12:

1. These appeals impugn a common judgment dated 16.03.2022 passed by learned Single Judge. Since common issue arises for consideration all the appeals were taken up for analogous hearing. For the sake of brevity, the facts are taken from W.A. No.534/2022.

2. Appellant - Central Bank of India issued an advertisement on 14.11.2012 for recruitment of Safai Karmchari-cum-Sub Staff persons in 41 regions including Bhopal and Indore, a Grade-IV post. Respondents applied for the post and interview call letters were issued to Respondents on 28.01.2013. Thereafter, select list was issued on 02.04.2013, wherein the names of all the respondents figured. Respondents were asked to appear with their testimonials on 18.04.2013, however, on 17.04.2013, a notice was issued and selection process was stayed till further orders because of unavoidable circumstances.

3. Respondents submitted their representation challenging the stay of selection process. By order dated 25.06.2014, recruitment process of Safai Karamchari for Bhopal and Indore region were cancelled. The Cancellation of Selection process by the Bank was challenged by the respondents in subject writ petitions. By the common order dated 16.03.2022 (impugned herein) said Writ Petitions have been allowed and a direction has been issued to the appellant bank to appoint the respondents on the post of Safai Karamchari subject to the scrutiny of the documents and relevant papers submitted by them.

4. Shri K.C. Ghildiyal, learned senior counsel with Ms. Warija Ghildiyal, Advocate appearing on behalf of the Appellant Bank submits that the recruitment process was initiated to recruit subordinate staff with designation Safai Karmchari-cum-Sub Staff, in 77 regions out of which in 37 regions, the exercise were completed and 2048 candidates were recruited. Later on, the bank received complaint in respect of alleged irregularity, malpractices in the recruitment process, therefore, the bank compelled to stop further exercise of recruitment process. By letter dated 17.04.2013 issued to all the regions and zones the Appellant Bank directed maintenance of status quo in the recruitment process and called for details of the completed or in-process recruitment process.

5. Learned senior counsel submitted that actual sub-staff strength for certain branches and zones was more than the sanctioned strength for that particular branch, thus, there was no necessity to recruit any more person. He submitted that keeping in view the actual sub-staff strength and the sanctioned strength, the Board decided to cancel the recruitment process in respect of Bhopal and Indore region.

6. He further contended that the action of the Bank of cancelling the recruitment process was challenged by some of the aspirants before the High Court of Judicature at Patna and the Division Bench of Patna High Court upheld the decision of cancellation of the process of recruitment. Said order of the Division Bench of the Patna High Court was challenged before the Supreme Court, however, the Supreme Court dismissed the SLP. He further submitted that similarly a challenge was made before the High Court of Judicature at Bombay and the High Court has upheld the decision of cancelling the recruitment process. Said decision of the Bombay High Court was also challenged before Supreme Court unsuccessfully.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2022/WA/624/WA_624_2022_FinalOrder_12-01-2026.pdf)

Disclaimer: Curated by HT Syndication.