K L SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Petitioner was working as Officer Junior Manager Grade, Scale I in the State Bank of India and was posted as a Branch Manager, Landour Cantt. Branch of the State Bank of India, Mussoorie from October 1983 to September, 1986. Thereafter the Petitioner was transferred to Branch Office, Chakisain. Subsequently the Petitioner was transferred to Dehradun Zonal office of the State Bank of India in September, 1987.

(2.) The Chief General Manager by his order, dated 16-9-1987 suspended the Petitioner consequent upon disclosure of certain serious irregularities committed by the Petitioner during the course of his posting as Branch Manager, Landour Cantt. Branch. Mussoorie. The suspension order was passed in terms of Rule 50-A(1)(a) of the State Bank of India (Supervising Staff) Service Rule (hereinafter referred to as the Rules). Immediately on Petitioner's suspension on 25-11-1987, a show cause notice was sent to the Petitioner by registered post, acknowledgment due, apprising him of the serious irregularities committed by the Petitioner during the tenure as Branch Manager, Landour Cantt. Branch Mussoorie and Petitioner was asked to submit his explanation within 15 days of the receipt of the aforesaid notice. The Petitioner refused to receive the said notice and notice was returned with the remark of the postal authority that despite being told time and again not meeting, therefore, returned (BAAR BAAR BATANE PAR BHI NAHI MILTE, ISLIYE WAPIS). The Bank thereafter sent another copy of the show cause notice on 29-12-1987 under postal certificate. The Petitioner, however, did not reply to the aforesaid show cause notice.

(3.) In the aforesaid circumstances, the Bank authorities decided to refer the matter to the Central Bureau of Investigation, Dehradun, vide letter, dated 19-3-1988, In the letter addressed to the Central Bureau of Investigation, it was stated that the matter is being referred for detailed investigation and it was requested that a regular case may be registered against the Petitioner since he has committed irregularities in giving advances to various persons while working as Branch Manager, Landour Cantt. Branch of Mussoorie.