SRIMANTA PRATIM BARUAH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ application has been filed challenging the legality and validity of the order dated 4.1.1998 (Annexure-L) by which the petitioner was dismissed from service, shortly for "Breach of Trust" reposed on him by the Bank. There was an appeal against that order and by order dated 1.3.2000 the appeal was dismissed. That is Annexure-N. Hence, this writ application.

(2.) The petitioner herein joined the Bank (State Bank of India) hereinafter called as "SBI" in the year 1974 as a Clerk. In that capacity the petitioner served for 8 years and thereafter the petitioner was promoted to the Managerial cadre in the year 1981 and posted at Dispur Branch where he worked till 1988, thereafter the petitioner was transferred and posted as Manager (Agricultural Division) of SBI, Kohima where he served till September, 1990. Thereafter the petitioner was transferred and posted at Zonal Office of the Bank of Shillong. After sometime the petitioner transferred and posted at proposed Branch at Khanapara which was opened on 30.3.91 as Branch Manager, designate. He served at Khanapara from 30.3.91 to 13.6.92. He was transferred again to Jowai Branch on 10.4.92. An appeal was filed against this order of transfer, but that was rejected and he handed over charge to the new incumbent. The petitioner applied for sick leave and that was duly sanctioned. But within the leave period he received a letter asking him to report for duty, but he could not report for duty as there was curfew in Shillong. When the curfew was lifted on 15.10.92 the Assistant General Manager (immediate controlling authority of the petitioner) came down from Shillong and delivered a suspension order to the petitioner at his Guwahati residence. The order of suspension is dated 1.10.92. It may be stated here that even after the suspension order was passed, the petitioner was asked to report for duty within 12.10.92. The petitioner had to vacate his official quarter and he shifted to a rented house and he also communicated the change in address to the controlling authority. It may be stated here in that on 11.5.92 he wrote a letter to the authority vide Annexure-B regarding antedating some banker's cheques. That Annexure is quoted below:

(3.) That on 9.6.95 on the basis of first Charge-sheet (Annexure-C) punishment was imposed on the petitioner withholding promotion for 5 years in terms of Rule 67(c) of the State Bank of India Officers Service Rules. This order of punishment was received by the petitioner on 19.7.95. Thereafter the authority initiated a departmental proceeding against the petitioner in connection with the Charge- sheet dated 10.3.94 and that departmental proceeding commenced on 21.8.95, No show cause was submitted by the petitioner against the 2nd charge-sheet, but the petitioner appeared before the departmental authority and informed the departmental authority that with regard to the first charge-sheet he has already been punished. Before we proceed further, let us have a look at Rule 68 of the aforesaid Rules.