CHIEF GENERAL MANAGER STATE BANK OF INDIA LOCAL HEAD OFFICE CHENNAI Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) THE present writ petition is filed by the State Bank of India challenging the correctness of the order passed by the Central Government Industrial Tribunal-cum-Labour Court, Chennai setting aside the punishment of discharge awarded to the second respondent K.S.Sivaramakrishnan, on the ground of proved charges.

(2.) WHEN the second respondent was working in State Bank of India, Adyar Branch office as Clerk-cum-Typist is alleged to have involved himself in financial irregularities causing loss to the petitioner bank by using some cheques and crediting to his own savings account No.S111/790, by debiting the National clearing Account. Therefore, the second respondent was issued with a charge sheet dated 22.09.1995 for the acts of gross misconduct wherein the following charges have been framed :

(3.) BUT, finally, the Disciplinary Authority, by an order dated 27.07.1998, passed the punishment of discharge which was proposed earlier against the second respondent. Aggrieved by the order of discharge imposed against the second respondent, he preferred an appeal before the Appellate Authority on 03.09.1998. After considering the case of both sides, the Appellate Authority, by its order dated 21.10.1998 dismissed the appeal and held that the lapses were brought on record. Holding and keeping the cheques in the custody of the second respondent for long period of time also clearly indicates that the acts were tainted with malafide intention and on that basis declined to interfere with the punishment of discharge.