(1.) SRI Narendra Kumar Pandey, working as MMS- 2 Level Officer in State Bank of India has assailed the order dated 11th March, 1999 (Annexure 1 to the writ petition) passed by General Manager (Development and Personal Banking), the Appointing Authority imposing punishment of dismissal from Bank's service in terms of Rule 66(j) of the State Bank of India Officers Service Rules (hereinafter referred to as "Service Rules, 1992") framed in exercise of power under Section 43(1) of the State Bank of India Act, 1955.
(2.) THIS writ petition was filed on 18th May, 1999 after serving notice upon Sri N.K.Seth, Advocate (now Senior Advocate) representing the Bank. It came up before the Court on 20th May, 1999 when the counsel for petitioner sought time to file supplementary affidavit and the case was directed to be listed on 26th May, 1999. Thereafter the matter appears to have been adjourned from time to time permitting the respondents to file counter-affidavit. A last opportunity for counter was granted on 12th November, 1999. Instead of filing counter, respondents then filed an application raising plea of alternative remedy. THIS was heard and by order dated 24th July, 2002, the application as well as preliminary objection, both were rejected. The Court directed for listing of writ petition for final hearing on 1 st August, 2002. Thereafter the matter remain pending and on 21st October, 2010, it came up before Division Bench presided by one of us (Hon'ble D.P. Singh) when it was adjourned to 11th November, 2010 with the consent and assurance of the parties that they shall argue the matter finally. Ultimately it was heard on 24.3.2011.
(3.) THE petitioner while posted as Officer Junior Management Scale Grade-I at Bilhaur branch of State Bank of India was placed under suspension on 13.3.1992. It was alleged that the petitioner misused officials position in allowing to open Savings bank and Current account in the name(s) of fictitious/non existing persons; provided undue benefits to customers by withholding DD purchase documents. A letter dated 4.4.1992 was issued to the petitioner requiring him to show-cause in respect of certain transactions when he was posted at Kalpi Road branch of the Bank at Kanpur. He was also placed under suspension.
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