BALADEV PANDA Vs. CHAIRMAN, STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner has approached this court under Article 226 and 227 of the Constitution of India for quashing the order dtd.14.5.2008 passed by the General Manager (Network-I) and Disciplinary Authority whereby and where under in terms of provision of Rule 67(j) of SBIOSR, 1992, the petitioner has been inflicted with the punishment of dismissal from service and the period of suspension will be held as such, i.e. not on duty and the order dtd.17.9.2008 passed by the Chief General Manager and Appellate Authority whereby and where under the appeal has been dismissed.

(2.) The case of the petitioner is that he was working as officer Junior Management Grade Scale-I and during his incumbency as Asst. Manger (Advances) at Buxi Bazar Branch, has been departmentally proceeded for an allegation of irregularities and fraudulent withdrawal of rupees to the tune of Rs.25.92 lakhs from his two overdraft accounts bearing Nos.10546443595 and 10546443607, as such he has been held not fit to be an officer and the same is prejudicial to the interest of the Bank since he has failed to discharge his duty with utmost integrity, honesty, devotion and diligence which contravene the provision of Rule 50(4) of the State Bank of India Officers Service Rules, 1992 governing his service in the Bank.

(3.) The case of the petitioner is that along with the departmental proceeding a G.R. case was also instituted against him U/s.409 of the Indian Penal Code ( in short 'IPC') for committing criminal breach of trust, U/s.420 of the IPC for committing cheating and U/s.13(1)(c) of Prevention of Corruption Act for committing dishonest misappropriation of amount to the tune of Rs.26 lakhs approximately from the State bank of India and U/s.13(1)(d of the Prevention of Corruption Act read with section 13(2) of the said Act in which the petitioner has been acquitted by the trial court vide judgment pronounced in this regard on 21.12.2012 in TR case No.31 of 2007 arising out of RC case No.23-A of 2006.