DINESH KUMAR BHARDWAJ Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Satish Chaturvedi, learned Advocate for the respondent Bank.

(2.) By means of the present petition, the petitioner seeks to challenge the order dated 7.9.2011 passed by the Assistant General Manager, (Administration), State Bank of India, Administrative Office, Bareilly, as also the order dated 21.11.2011 passed by the Deputy General Manager (B&O), State Bank of India, Bareilly Division Bareilly in the departmental appeal filed by the petitioner. Further relief has been sought to issue a suitable writ commanding the respondents to reinstate the petitioner in service with all the consequential benefits such as continuity of service and arrears of salary and further to grant promotion on higher post w.e.f the date from which persons junior to the petitioner had been promoted, with all consequential benefits thereof.

(3.) Brief facts of the case relevant to decide the controversy at hands are that the petitioner was appointed as clerk-cum-cashier in the year 1981 and was posted as such at Chaurasi Ganta Branch of the State Bank of India, Moradabad, in January, 1993. On 12.1.1993, during the cash verification by the Branch Manager of Katghar Branch, a report was submitted with regard to shortage of Rs.1 lakh and odd in the Cash Strong room of Chaurasi Ganta Branch. The written report submitted by the Branch Manager of Katghar Branch is appended with the writ petition. It is contended by the petitioner that strong room of the Branch concerned remains in the joint custody of more than one person. In no circumstance, the petitioner can be said to be sole custodian of the strong room. The verification of cash in the strong room is governed by the provisions of the cash manual framed by the State Bank of India which specify the guidelines pertaining to the custodian of the cash strong room.