R SHAMANNA Vs. STATE BANK OF MYSORE BANGALORE

JUDGEMENT

(1.) MAN as a human being is mixture of animal and divinity. Man cannot live on bread only. He prefers dignity, honour and justice, to starvation, dishonour and even death. Justice is the substantive nourishment not for stomach but for human soul. This justice is clearly is eluding an officer of a nationalised Bank from last two decades. Now he is retired, retired from service only, with accumulated frustration and- with desire of a quick disposal of his case. He is waiting and waiting with a fond hope and human hope has its limits and waiting too long in the current life style is extremely difficult.

(2.) A second match by the aggrieved person on an ulaltered pitch. Same set of players but before a different umpire.

(3.) CIRCUMSTANCES which forced a lowly placed officer to play a second match also is as under: while working as a Manager in the respondent - Bank at its head Office at Kempegowda Road, Bangalore, petitioner received a letter dated 28. 5. 1972 from the Bank, by which he was called upon to explain certain alleged lapse and irregularities pointed out during an audit conducted earlier. Petitioner sought for a copy of the report, which was not furnished, but the Bank, to hold a private enquiry kept petitioner away from service temporarily by its order dated 26. 5. 1972. Nothing transpired nearly for two years. It is only on 2. 3. 1974, a show cause notice came to be issued directing the petitioner to offer his explanation why disciplinary proceeding should not be instituted against him in respect of certain alleged lapses and irregularities. A suitable reply came to-be furnished by the petitioner by his reply latter dated 15. 5. 1974. Not being satisfied with the explanation offered, Bank proceeded to issue a charge memo. It did not have just eleven charges but two more to make a full team containing charges of misconduct as Manager of Kudalgi branch of the respondent - Bank. Allegations made in the charge memo was denied by the petitioner. The disciplinary authority appointed one Sri Veerabhadraswamy as the enquiry officer and the manager of Kudalgi Branch as the Presenting Officer in the domestic enquiry instituted against the petitioner to enquiry into the charges of misconduct. After completion of the enquiry, the enquiry officer submitted his report together with the records of the enquiry proceedings and other documents to the disciplinary authority. That after considering the report of the enquiry officer and record of the proceedings, the disciplinary authority issued a second show cause notice" but without a copy of the report of the enquiry officer, proposing to impose a penalty. As usual, petitioner furnished his reply and requested the competent authority to drop the proceedings. The disciplinary authority after considering the reply of the delinquent passed an order dated 8. 12. 1977, dismissing the petitioner from the services of the Bank and he says the player of the team is out and out for ever.