RAJENDRA KUMAR SHRIVASTAVA Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) BY this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has questioned the legality, validity and propriety of the impugned order of dismissal dated 13-5-97 received by the petitioner on 25-5-97 and the appellate order dated 5-11 -97 received on 19-11 -97.

(2.) FACTS leading to filling of this writ petition are that the petitioner joined State Bank of India as Clerk on 10-10-67 through competitive examination thereafter in the year 1976 he was promoted as Officer Junior Management and as MMGS-II in August 1988. The petitioner was posted as Branch Manager of Janjgir branch from 15-12-88 to 31 -5-1990, during this period for committing certain irregularities in sanction, disbursement and follow up of advances, the petitioner was served with a charge sheet (Annexure-P/2) dated 3-1-1994 received on 14-1 -1994. The charges were mainly classified as 11 in number but in the statement of allegations in all such irregularities were mentioned as 41. The petitioner submitted a detailed reply to the charge sheet on 11-3-1994. The disciplinary authority decided to hold the disciplinary proceedings against the petitioner in terms of Rule 68(1)(i) of the State Bank of India (Supervisory Staff) Service Rules (hereinafter referred to as 'the Rules').

(3.) THE petitioner made a detailed representation against the findings of the Enquiry Officer on 30-9-96, but the disciplinary/appointing authority agreed with the findings of the Enquiry Officer and ultimately imposed the penalty of dismissal from service on 13-5-1997 (Annexure-P/7) against which the petitioner preferred an appeal before the Appellate Authority i.e. The Chief General Manager. The Appellate Authority also dismissed the appeal vide order dated 20-10-97 communicated to the petitioner vide order dated 5-11 -97.