SUKESH N. DESAI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This intra-court appeal is directed against the order dtd. 24/1/2020 passed in Special Civil Application No.757 of 2004 whereunder the learned Single Judge has refused to quash and set aside the order dtd. 16/9/2002 passed by the respondent dismissing petitioner from service.

(2.) Petitioner while working as Chief Manager, Personnel at Ahmedabad was visited with the disciplinary proceedings by issuance of articles of charge on 13/12/2000 alleging certain misconduct as more fully enumerated in the articles of charge and imputation of charge while he was serving as Chief Manager (NRI Branch) in the Head Office at Vadodara.

(3.) On enquiry being held, the Enquiry Officer submitted the report on 19/1/2002 by holding that charges levelled were proved and thereafter disciplinary authority issued show cause notice calling upon the delinquent officer to tender his explanation on the findings of the Enquiry Officer. On receipt of the reply and after examining the same, Competent Authority / Disciplinary Authority viz. Chief General Manager passed an order on 16/9/2002 imposing punishment of dismissal from service under Rule 67(j) of the State Bank of India Officers Service Rules, 1992. Being aggrieved by the same, an appeal came to be filed which came to be rejected by the appellate authority by order dtd. 13/6/2003. Said orders came to be questioned / challenged before the learned Single Judge in Special Civil Application No.757 of 2004 by the appellant. After hearing learned counsels appearing for the parties in extenso, learned Single Judge has refused to interfere with the order of the Disciplinary Authority by arriving at a conclusion that findings recorded by the Disciplinary Authority as affirmed by the Appellate Authority did not suffer from any material irregularity calling for interference in exercise of powers vested under Article 227 of the Constitution of India. Hence, this intra-court appeal.