JAG PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Ashok Khare, learnedSenior Advocate assisted by Shri Sunil Kumar Srivastava learned counsel for the petitioner and Sri Satish Chaturvedi, learned Counsel for the respondents.

(2.) The petitioner has filed the above noted writ petition, praying for quashing the departmental charge sheet dated 28.02.2015 and all proceedings in pursuance thereto, including the order of disciplinary authority, Regional Manager, Region-II, Regional Business Office, State Bank of India, Aligarh, dated 10.12.2015 and also the appellate order dated 21.03.2016 passed by Deputy General Manager (Business and Operations) State Bank of India, Administrative Office, Agra. Further prayer has been made to permit the petitioner to function as Assistant in the Clerical Cadre and to pay his regular salary including arrears within specified period by the respondent Bank.

(3.) The petitioner's case is that he was selected and appointed on the post of Assistant in the Clerical Cadre of the State Bank of India and while working at Gonda Branch as Cashier, a Cheque Book was issued on 31.05.2014 regarding account of one Asha Pundir. The application for issuance of Cheque Book was fake and the Counter Clerks, Meenu Prakash Bhantu and Satya Dev Sharma issued the Cheque Book on a fake application. On the basis of the cheques in this cheque book certain amounts were withdrawn from the account of Asha Pundir between 07.06.2014 to 11.06.2014. On an unnamed F.I.R. dated 20.06.2014, lodged by the aforesaid Account holder, under Section 406 , 419 and 420 I.P.C., Police Station Gonda, District Aligarh, the petitioner was arrested on 26.11.2014 and released on Bail on 09.02.2015. After filing of Charge Sheet dated 18.04.2015, a criminal case was pending, when a departmental charge sheet dated 28.02.2015 was also issued to the petitioner, placing him under suspension from service. A reply dated 11.03.2015 was submitted by the petitioner to the departmental charge sheet and an enquiry officer , Sri H.C. Sarkar, was appointed as enquiry officer. By means of an application dated 30.06.2015, the petitioner sought certain documents to defend himself and some of them were supplied along with covering letter dated 08.7.2015 by the respondents. Some of the documents which were not supplied were stated as not available in the Branch and some were declined on the ground of being privileged documents. Written briefs were presented by the presenting officer of the respondents on 17.09.2015 and defence brief dated 06.10.2015, was submitted on behalf of the petitioner and the enquiry officer submitted his enquiry report dated 09.10.2015 to the disciplinary authority, holding each of the charges against the petitioner as fully proved. Second show cause notice dated 16.11.2015 was issued to the petitioner to show cause against the finding recorded by the enquiry officer and the petitioner submitted the same on 01.12.2015. On 10.12.2015, the punishment order of dismissal was passed by the disciplinary authority against which the petitioner preferred an appeal before the appellate authority on 21.01.2016. After direction by this Court in Writ-A No.7048 of 2016, the appellate authority rejected the appeal of the petitioner by the order dated 21.03.2016 and hence this writ petition has been filed by the petitioner against the aforesaid punishment and appellate orders passed by the respondents.