PREM SAGAR DWIVEDI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition has been filed challenging the order of penalty dated 27 February 2015 passed by the General Manager (NW-II), State Bank of India, Local Head Office, Lucknow imposing on the petitioner the penalty of removal from service as well as the appellate order dated 23 July 2015 passed by the Chief General Manager (Appeal and Review Cell), State Bank of India, Lucknow and the order in the review petition dated 31 December 2015 passed by the Review Committee of the State Bank of India and Appeal and Review Department, Mumbai, whereby the appeal and the review were rejected and the order of penalty imposed on the petitioner was affirmed.

(2.) The petitioner, who is an Officer in the Junior Management Grade Scale-I of the State Bank of India (JMGS-1), was issued a charge-sheet dated 21 January 2014 containing a statement of articles of charges in respect of certain acts of commission/omission allegedly committed by him while posted as Senior Assistant at Badhya Branch from the period from 1 April 2004 to 2 December 2012 which acts, prima facie, constituted misconduct in terms of Rule 50(4) of the State Bank of India Officers' Service Rules, (SBIOSR) if proved. The charges against the petitioner were as follows:

(3.) The letter alongwith which the charge-sheet was sent to the petitioner contains details of the statement of allegations in respect of Articles of Charges, the documents in support of the charges. The petitioner was asked to submit his written statement of defence in terms of Rule 68(2)(iii) of the SBIOSR. Thereafter, a preliminary hearing of the inquiry was held on 25 February 2014. This was followed by a regular hearing on 14 March 2014, whereafter, the Inquiring Authority concluded the inquiry proceedings. The findings of the Inquiring Authority dated 9 April 2014 were sent to the petitioner alongwith a letter dated 10 May 2014 asking him to furnish his representation/submissions in case he was so interested. The Inquiring Authority found Charge Nos. 1 and 2 as partly proved. The petitioner then submitted his representation dated 25 June 2014 to the Disciplinary Authority who agreed with the findings of the Inquiry Officer and by means of an order dated 27 February 2015 imposed the penalty of removal from service on the petitioner. Thereafter, the petitioner filed an appeal dated 6 April 2015 before the Appellate Authority which was dismissed by means of an order dated 23 July 2015. The petition for review filed by the petitioner was also dismissed by means of a decision taken by the respondent no.2 on 31 December 2015.