STATE BANK OF INDIA Vs. RAMESH DINKAR PUNDE

JUDGEMENT

(1.) THE challenge in this appeal is to the order dated 2nd August, 2002 of the High Court of Judicature at Bombay whereby the imposition of penalty of removal inflicted upon the respondent, who is a bank officer, preceded by an inquiry, is set aside with a direction to the appellant to reinstate the respondent with all consequential benefits including that of back wages, to be paid within a period of three months. Briefly stated, the facts are as follows:

(2.) THE respondent was working as an officer under the appellant bank and at the relevant time he was posted as Manager, Personnel Banking Division, Palghar Branch. Sometime in June, 1986 the respondent introduced one Shri Kishor Bidaye and Shri D.B. Angane to the Branch Manager Jogeshwari (W) Branch. THE respondent brought said Shri Bidaye to the Branch Manager and got a current account opened in the name of Shri Bidaye. He had also introduced the said current account by giving his old Andheri address at Bombay as the address of Bidaye. A cheque was issued in favour of the State Bank of India, which was to be invested in the name of the Trust/Board. However, the respondent insisted that the funds were meant for Bidaye and Angane and thereby, induced the Branch Manager to accept the Trust funds as Term Deposits and issue TDRs in the names of Bidaye and Angane. THE respondent also ensured sanctioning of overdraft facility against the STDRs. so issued. It is also alleged that the respondent exerted pressure to grant overdraft on the same day of remittance of funds and emphatically stated that it would be his responsibility if anything went wrong. A complaint was made by a Trust regarding Term Deposit Receipts being issued in the name of Bidaye and granting overdraft facilities to him on the basis of such TDR.

(3.) AFTER noticing the said provision and re-appreciating the evidence, the High Court was of the opinion that unless there is evidence to show that the petitioner had knowledge of the intention on the part of the persons introduced in the Bank, the petitioner cannot be said to have committed any misconduct as alleged by the Bank. The High Court has also considered the official evidence recorded by the Inquiry Officer in course of the inquiry and observed that the statements recorded by the Inquiry Officer had no where stated that the petitioner had knowledge of the intention of Bidaye and Angane to enjoy the overdraft facility by misusing TDRs belonging to someone else. The High Court also observed that there is no evidence to show that on all the occasions when the TDRs were issued the petitioner was present in the Jogeshwari Branch. Ultimately, the High Court has concluded its finding in paragraph 9 of the impugned Judgment as under: