CHHEDI LAL GUPTA Vs. BRANCH MANAGER, SBI BILASPUR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing of the order of dismissal (Annexure P-7) passed on 18-2-1999 by the disciplinary authority, respondent No. 2.

(2.) THE facts of the case are that the petitioner was working as Deputy Head Cashier in the State Bank of India. He was tried for a Criminal Case under sections 3(l)(ii) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as "the Act") vide Special Case No. 71/1996. The special Court convicted the petitioner under section 3 (1 )(ii) of the Aforesaid Act on 14-10-1998. However he was acquitted of the charges framed u/s 3(1)(v). The petitioner was sentenced to undergo Rigorous Imprisonment for two years and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo R.I. for 3 months. This judgment of conviction and sentence awarded to the petitioner was challenged before the High Court in Criminal Appeal No. 2449/1998 in which the sentence awarded to the petitioner was suspended vide order dated 30-10-1998. The appeal is still pending for its disposal. In the meanwhile, the Bank issued a memo to the petitioner calling explanation regarding the aforesaid conviction. The petitioner submitted his reply on 21-1-1999 to the aforesaid memo issued to him. Thereafter the disciplinary authority without conducting any enquiry and without recording any finding regarding the nature and character of involvement passed the impugned order dated 18-2-1999 dismissing the petitioner from service. It is against this order, the petitioner has filed this writ petition.

(3.) ON the other hand learned counsel for the respondents submits that after the conviction of the petitioner, he was served with a notice and after considering the reply, the petitioner has rightly been dismissed from service as such the act of the petitioner falls within the ambit of an offence involving moral turpitude.