STATE BANK OF INDIA Vs. CHAMAN LAL RESPONDENT

JUDGEMENT

(1.) THIS appeal is preferred by the State Bank of India against the judgment of the learned single Judge dated August 26, 2003 in CWP No. 3265/1989. By that judgment the learned single Judge quashed the order dismissing the respondent from service and substituted the same with compulsory retirement.

(2.) THE brief facts of the case are as follows:

(3.) THE report of the Inquiry Officer was accepted and the respondent was dismissed from service for the proved misconduct by the appointing authority, the Deputy Managing Director by order dated September 17, 1986 in terms of Rule 49 (h) read with Rule 50 (3) (iii) of the State Bank of India (Staff Supervising)Service Rules. Appeal of the respondent was dismissed by the Appellate authority, the Managing Director, vide his order dated September 8, 1987. Thereafter the review petition was also dismissed by the Reviewing Authority by order dated February 4, 1989. The above orders were questioned in CWP no. 3265/1989. The learned single Judge upheld the inquiry report and found no illegality or infirmity in it. The learned single Judge also rejected the argument that the Disciplinary Authority ought to have been the Executive Board and held that the Appointing Authority was Deputy Managing Director and the disciplinary Authority was Chief General Manager and the Appellate Authority was managing Director and the order passed by the Deputy Managing Director cannot be faulted with. The learned single Judge then addressed the question as to whether the penalty of dismissal was appropriate and came to the conclusion that having regard to the fact that there was no financial loss caused to the bank, the penalty of dismissal was inappropriate and substituted the penalty of dismissal by compulsory retirement.