RAVI KANT Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The instant petition assail the orders dated 29.02.2012 and 16.07.2012 passed by the General Manager, N.W.-II, State Bank of India, Lucknow and the Chief General Manager, State Bank of India, Lucknow, respectively, by which the petitioner has been removed from service and the appeal against the order of removal has also been dismissed.

(2.) The facts giving rise to this petition are that the petitioner was initially appointed as a Clerk/Cashier in State Bank of India (in short the Bank) in the year 1986. On 01.08.1999, he was promoted as Trainee Officer and, on 27.03.2008, was conferred status of Officer Middle Management Grade Scale-II. On 01.08.2008, the petitioner was posted as an Accountant and for some period officiated as Branch Manager at Station Road Branch, Moradabad. While he was posted at the said branch, on 31.12.2010, he was placed under suspension. On 07.02.2011, a first information report was lodged by the Branch Manager of Station Road Branch of the Bank alleging that the petitioner by abusing his powers got banker cheque Nos. 065877 (dated 18.09.2008 of Rs.18,678); 070259 (dated 20.04.2009 of Rs.30,000); and 065821 (dated 27.09.2008 of Rs.23,150) canceled and credited the proceeds to Branch's General Account No.985167 and, thereafter, withdrew cash of Rs.71,828/- from the said general account. It was alleged that when the concerned staff became suspicious and protested, the money was redeposited by the petitioner in the General Account of the Bank. It was also alleged that the petitioner, in a similar manner, on 11.12.2010, by getting three bank drafts, totaling Rs.35404/-, canceled, got the amount transferred to the Bank General Ledger Account No.985167 and, thereafter, transferred the amount to his own Account No.3021145914 and withdrew the same through ATM and, later, on 18.12.2010, deposited it back in bank's account. It was alleged that by such conduct, the petitioner committed offenses punishable under Sections 420 and 406 IPC.

(3.) While the matter was under investigation, an explanation was called from the petitioner by notice dated 17.02.2011 to which explanation was submitted on 08.06.2011 stating that the amount concerned was to be deposited in bank's charge account but could not be managed and therefore it was deposited in his own account and thereafter re-deposited in bank's account and in the aforesaid act there was no dishonest intention. He also stated that the cash withdrawal from his account was made under the belief that the cheque given by his father, deposited in his account, has been credited.