K RAJ ARORA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE appellant rose from the rank of a clerk in the respondent No. 1-Bank to the position of a Branch Manager. The trevails of the appellant began when departmental action was proposed against him on receipt of a special Inspection Report dated 01. 05. 1986. The appellant was suspended on 19. 08. 1987 and the result of the Promotion Board was also kept in a sealed covered. The appellant submitted his explanation and the respondent No. 1-Bank served a charge sheet on the appellant ultimately on 17. 12. 1991 after receipt of the advice from the Central Vigilance Commission ('cvc' for short) as a vigilance angle was involved in the matter.

(2.) THE statement of imputation of charges was on account of the alleged failure of the appellant to discharge his duties with utmost devotion and diligence while working as a Branch Manager from October, 1980 to november, 1982 at Sarai Khawaja Branch (Faridabad ). It was not only unbecoming of a bank official but highly prejudicial to the interest of the bank. The company in respect of which such charges were made were the family of Sh. V. P. Khanna and his two sons. The Inquiry Officer submitted a report dated 29. 09. 1993 holding that the three charges were proved, two charges partially proved while four charges were not proved. The Inquiry report was served on the appellant on 16. 02. 1994.

(3.) THE Disciplinary Authority, however, tentatively disagreed with the findings of the Inquiry Officer and the reasons for the same were communicated to the appellant on 02. 04. 1994 giving an opportunity to the appellant to represent his case. The appellant submitted a reply dated 11. 04. 1994. The appellant, in the meantime, filed a WP (C)4997/1994 before this Court on 26. 11. 1994. The Disciplinary Authority imposed a punishment of dismissal form service on the appellant on 20. 12. 1994 and the said writ petition was thus dismissed with liberty to the appellant to avail of the alternative remedy of departmental appeal.