BHARATI BORO Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THE challenge in this writ petition is the order of penalty imposed on the petitioner pursuant to a departmental proceeding which has been affirmed on departmental appeal and review. THE brief facts leading to filing of the instant writ petition are as follows:

(2.) WHILE the petitioner (now substituted by his wife on his death) was working as Senior Assistant in the particular branch of the respondent bank, a memorandum of charge sheet dated 08.11.2005 (Annexure-A) was issued alleging misappropriation of an amount of Rs. 8,10,000/- by increasing/altering the figures/amounts of the Govt. bills numbering 11 (eleven) indicated in the charge sheet. For a ready reference, the memorandum of charge sheet is reproduced below:

(3.) ON receipt of the enquiry report, the disciplinary authority addressed the Annexure-F letter dated 16.03.2007 to the petitioner recording therein the notes of disagreement with the enquiry report and asked the petitioner to submit his reply to the same. As in the case of reply in response to the memorandum of charge sheet referred to above, against the note of disagreement also the petitioner without specifically dealing with the points, submitted is reply dated 13.04.2007 (Annexure-G) with the following statements: