ASHOK KUMAR AGGARWAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner, an official of the State Bank for India, was chargesheeted on 17/10/1989 in which 14 charges were levelled against him. The petitioner was given opportunity to file his written statement in defence in terms of Rule 50(2)(iii) of the Service Rules. In the written statement he refuted all the charges levelled against him. The petitioner's version was not accepted and a departmental inquiry was instituted. The petitioner examined himself and filed a cash book to show that he has been working as an Accountant at IIP Branch during September, 1981 to April, 1985. The Inquiry Officer gave his findings on various charges and found the petitioner guilty. The inquiry report was sent to the disciplinary authority. The aforesaid report was sent by the disciplinary authority to the appointing authority with his brief note for taking appropriate action, with pis recommendations thereon.

(2.) The disciplinary authority disagreed with the findings of the inquiry authority in respect of charges No.7, 8 & 10. In the note the disciplinary authority observed that the petitioner had not adhered to the laid down instructions of the bank and misused his authority which resulted in financial loss to the bank and the petitioner had passed on pecuniary benefits to his kith and kins to the detriment of the bank. These acts of the petitioner demonstrated his lack of integrity and consequently he was dismissed from the service.

(3.) The main grievance of the petitioner is that he was neither served nor informed about the note of disagreement recorded by the disciplinary authority regarding charges 7, 8 & 11 leading to the dismissal of the petitioner. It has been urged that the petitioner suffered serious prejudice and, therefore, the entire action of the respondents is illegal and bad in law and consequently the order of dismissal deserves to be set aside.