P. SATYANARAYANA Vs. DISCIPLINARY AUTHORITY AND MANAGING DIRECTOR, STATE BANK OF HYDERABAD, HYDERABAD AND ANR.

JUDGEMENT

(1.) The petitioner an employee of the State Bank of Hyderabad, whicle impugning the validity of an order removing him from service, seeks a writ of certiorari to quash the same

(2.) The relevant facts in brief are that as per the scheme of the Bank, certain loans were granted for purchase of bullocks to needy people. While granting the amount, 4% is collected from the borrowers towards the premium of cattle insurance, which amount is generally remitted to the insurance company and so it was duly credited to the insurance company concerned. During Feb., 1980 there was a downward revision of the premium rate with retrospective effect. Hence, the insurance company refunded 0.7% to the insured. This was to be refunded to the concerned borrower in cash. The insurance company issued three cheques in the name of the Manager of the Wanaparthi branch and in order to disburse cash to the concerned borrowers, the petitioner credited the cheques to his personal account. It is averred that he paid cash to the borrowers, the amount in all being Rs. 716.00. This being an irregularity, a charge of misappropriation was laid against the petitioner and after due enquiry, a report was submitted with the finding that the charge was not established and that the procedure adopted by the petitioner was an irregularity. However, the disciplinary Authority, the 1st respondent herein, removed the petitioner from service disagreeing with the finding of the Enquiry Officer. Aggrieved against the removal, an appeal was preferred before the 2nd respondent, which was also rejected. Hence, this writ petition.

(3.) The counter in so far as its relevance is concerned inter alia avers that the three cheques referred to in the affidavit of the petitioner were sent along with a list of the borrowers to whom the premium had to be refunded and which had to be credited to the respective borrowers' account in accordance with the procedure, practice and instructions of the bank. No amount payable to the borrowers or to the Bank shall be credited to the personal account of the officers or staff of the Bank. The petitioner as a Branch Manager. being a senior officer instead of crediting to the individual accounts of the borrowers, credited to his personal savings bank account and thereby misappropriated the said amount of Rs. 716-/. In so far as the allegation that the amounts are said to have been disbursed to the borrowers, it is stated that the same cannot be accepted as no evidence has been produced.