KALYAN KUMAR RAY Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India the writ petitioner has prayed for quashing of the charge sheets dated August 28, 2006 and September 06, 2007, the enquiry proceeding and the report of the Enquiry Authority, the order of the punishment as given by the Appointing Authority and as approved by the Appellate Authority by its order dated January 01, 2011 and affirming decision of the Reviewing Authority vide its order dated April 17, 2012.

(2.) For effective disposal of the instant writ petition the facts leading to filing of the writ petition is required to be dealt with in a nutshell.

(3.) While posted as the Chief Manager of the Lake Gardens Branch of the respondent-bank i.e. SBI for the period August 21, 2002 to November 19, 2005 it has been alleged that the present writ petitioner committed certain lapses and/or irregularities with regard to the disbursement, sanction and conduct of cash credit and term loan in favour of Shaymal Kumar Ghosh for which he was charge sheeted. It is the further allegation of the respondent-bank that during his posting at BT Road Branch as the Chief Manager (OPs) Region II Zonal Office, Kolkata during the period November 2005 to July 2007, the writ petitioner had resorted to committing serious lapses in facilitating perpetration of fraud by inducing one Shri Pradip Kumar Samanta, MMGS-III, the then Branch Manager to sanction/disburse seven loan accounts for which the bank suffered huge loss. Since the respondent-bank was not satisfied with the reply/ replies of the delinquent, a departmental enquiry was started. In the departmental enquiry following charge has been framed regarding alleged irregularities at SBI, Lake Gardens Branch namely:-