M MOHANDAS Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This intra court appeal challenges the order dated 16 July 2010 in W.P.No.23258 of 2001, dismissing the writ petition filed by the appellant challenging the order of discharge from service.

(2.) The appellant is stated to be an Ex-Serviceman. After his discharge from military service, he joined the service of State Bank of India on 19 August 1994 at their branch at Gajalnaickanpatti. He was transferred to Hosur branch during the year 1998.

(3.) While the appellant was working as Watchman in the Hosur Branch of State Bank of India, he was issued with a charge memo on 15 June 1999. There were two substantial charges : one relating to failure on his part to deposit the amount paid by one Jayapal to deposit in his recurring account and the other relating to acceptance of loan from the customers of Bank. The appellant submitted his explanation to the charge memo. Thereafter, Inquiry Officer was appointed. The Inquiry Officer submitted a report on the basis of the voluntary statement given by the delinquent, concluding that the charges were proved. The said report was not accepted by the Disciplinary Authority. The Disciplinary Authority therefore, ordered for a de novo enquiry on 1 December 1999. Before the Inquiry Officer, the appellant was assisted by his representative. Since the complainant Jayapal failed to appear during the inquiry proceedings, the Inquiry Officer gave a finding that the first charge was not proved. The Inquiry Officer was of the view that there were enough materials to establish one out of five charges, constituting the second substantial charge.