S B I Vs. PRASANNA AARWAL

JUDGEMENT

(1.) This is an appeal at the behest of the State Bank of India against the judgment and order of the learned single Judge dated June 1, 2001 passed in W.P.(C) No. 261 (SH)/2000 allowing the writ petition of Dr. Prasanna Kumar Agarwal, Medical Officer of the State Bank of India. Brief resume of facts giving rise to the present appeal may be noticed.

(2.) The respondent Dr. Prasanna Kumar Agarwal (hereinafter referred to as Dr. Agarwal) was appointed as Medical Officer of the State Bank of India where he joined on July 17, 1983. While Dr. Agarwal was serving as Medical Officer in the Regional Office of the State Bank of India at Shillong on January 30, 1987 a First Information Report was lodged with the Police by the Bank that Dr. Agarwal having entered into a criminal conspiracy with the then Chief General Manager Shri J.P. Jakhodia cheated the Bank to the tune of Rs. 1,89,815.70 in the matter of purchase of medicine. A police case bearing No. RC 2/1987 SHG was lodged by the CBI. The CBI filed a charge sheet in the Court of the Special Judge which was registered as Special Case No. 23(C)/98. Dr. Agarwal had challenged the taking of cognizance of the offence by the Special Judge by filing a petition being Criminal Revision No. 67/90 under Section 482 Cr.P.C. on March 2, 1990. However, the said petition was ultimately dismissed and the stay order earlier granted was vacated.

(3.) It may be observed here that vide order dated November 17, 1989, Dr. Agarwal had been placed under suspension. The order reads as under: