NEERAJ KUMAR DIXIT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, while was working as field officer (JMGS-I), was subjected to disciplinary proceedings and was served with a charge sheet on 30.11.2005, levying following charges:-

(2.) The petitioner denied the charges. Thereafter, the enquiry proceeded in the matter and the Enquiry Officer submitted his report on 29.6.2006, wherein all the charges levelled against the petitioner were found to be proved. The petitioner was supplied the copy of the enquiry report and was granted an opportunity to submit his objection against it vide letter dated 12.10.2006. The petitioner submitted his objections to the report of the Enquiry Officer on 13.11.2006. It appears that the petitioner proceeded on medical leave on 17.1.2007, and thereafter attained the age of superannuation i.e. 60 years on 5.2.2007. On 20.2.2007 the General Manager-II passed an order invoking provisions of rule 19(3) of the State Bank of India Officers Service Rules, 1992 (hereinafter referred to Rules, 1992), which allowed extension of service beyond the age of superannuation to facilitate the conclusion of disciplinary proceedings. Ultimately, the order dismissing the petitioner from services was passed on 13.8.2007 and the appeal filed by the petitioner against it on 6.10.2007 has also been rejected on 22.4.2008. Thus aggrieved, the instant writ petition has been filed, challenging the order of punishment dated 13.8.2007 and 22.4.2008 with a further prayer that petitioner be allowed monthly pension including arrears, with effect from 1.3.2007.

(3.) We have heard Sri Ashok Khare, Senior Advocate, assisted by Sri V.D. Shukla, Advocate, for the petitioner and Sri G.K. Singh, Senior Advocate, assisted by Sri Jayant Banerjee, Advocate, for the respondent bank.