LAWS(SC)-2011-1-19

STATE BANK OF INDIA Vs. BIDYUT KUMAR MITRA

Decided On January 11, 2011
STATE BANK OF INDIA Appellant
V/S
BIDYUT KUMAR MITRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final judgment and order dated 6th February, 2009 passed by the Division Bench of the High Court at Calcutta in M.A.T. No. 3613 of 2001 whereby the Division Bench quashed the enquiry proceedings against the Respondent held on the basis of the charge sheet dated 14th December, 1981, enquiry report dated 22nd September, 1982, the order of punishment dated 4th July, 1983, the order dated 6th June, 1984 passed by the Appellate Authority as also the resolution dated 12th November, 1987 adopted in the meeting of the Review Committee of the Appellant Bank.

(3.) The Respondent was appointed as a Clerk in the Imperial Bank of India, which is a predecessor of the Appellant Bank. Way back in November, 1944, he had joined in the capacity of a Clerk. Subsequently, by the year 1978-79, he was working as Branch Manager at the Biplabi Rash Behari Bose Road Branch, Calcutta of the Appellant Bank. In the capacity of a Branch Manager, he granted numerous mid-term loans to a number of transport operators without making appropriate scrutiny of the applications as required under the rules. He had also granted the loans in excess of his discretionary power thereby exposed the Bank to the risk of serious financial loss.