KAMAL KISHORE GUPTA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition has been preferred against the judgment dated 23-7-2004 (Annexure P-15) passed by the Debt Recovery Tribunal, Jabalpur in Appeal No. 09/2004 and judgment dated 20-7-2005 (Annexure P-17) passed by Debt Recovery Appellate Tribunal, Allahabad in Appeal No. 433/2004.

(2.) Relevant facts in short are that respondent No. 1 initiated C. S. No. 7-B/97 in the Court of District Judge, Shajapur for recovery of Rs. 12,59,589/-against the petitioner and respondents No. 2 to 11. On formation of Debt Recovery Tribunal, on enforcement of Recovery of Debts due to Banks and Financial Institutions Act, 1993, (hereinafter for brevity referred to as 'Act of 1993') the civil suit was transferred to the Tribunal at Jabalpur as T.A. No. 160/199 which was allowed on 20-9-1999 and accordingly the judgment was passed in favour of the Bank, against the petitioner and respondents No. 2 to 11 found that without seeking prior permission of the Regional Manager shifting was not permissible and submitted his report to the Disciplinary authority. The Disciplinary authority, after following due procedure, by issuing of show cause notice, had imposed a punishment of compulsory retirement on the petitioner. The petitioner had assailed the order of Disciplinary Authority before the Appellate Authority. The Appellate Authority considering the peculiar facts modified the order of compulsory retirement, but passed an order of major punishment against the petitioner, which reads thus :

(3.)