S KANNAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE prayer in the writ petition is for issue of a writ of Mandamus to forbear the respondents from imposing any punishment on the petitioner in pursuance of the domestic enquiry conducted against him and to revoke the suspension and reinstate him with full back wages and all attendant and consequential benefits, past, present and future.

(2.) THE petitioner is an officer of the State Bank of India in the Junior Management Grade. He was working as Accountant in the Branch at Ranipet, North Arcot District, from July 1978 to October 1980 and as Accountant and later as Branch Manager in the Branch at Royapettah, Madras from October 1980 to January 1985. He was suspended from service from 7th January, 1985 and an investigation into alleged acts of irregularities and fraud was made and a memorandum of charges containing nine charges was issued to him in March 1986. An enquiry was held in which evidence, oral and documentary, was recorded. After the conclusion of the evidence, the petitioner submitted a written brief running to 55 pages. Thereafter, the Enquiry Officer submitted report to the Disciplinary Authority. It is seen from the counter affidavit filed on behalf of the respondents that the enquiry officer reached the conclusion that the petitioner was guilty of the charges. According to the counter affidavit, the disciplinary authority, after full consideration of the facts and circumstances of the case, appreciation of the oral and documentary evidence recorded by the enquiry officer and the enquiry officer's report, reached the conclusion that the findings of the enquiry officer are correct, and accepted the same. It is also stated in the counter affidavit that in view of the gravity of the acts of misconduct committed by the petitioner and proved at the domestic enquiry, the disciplinary authority took the decision to impose on the petitioner the punishment of dismissal from the bank's service and accordingly passed the order dated 17th April, 1989 dismissing him from service.

(3.) GETTING scent of the order of dismissal passed against him, the petitioner filed the present writ petition with the prayer referred to earlier. In paragraph 8 of the affidavit filed in support of the writ petition it is stated as follows :-