ABBAS ALI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the orders dated 30.11.2005 and 25.05.2006 respectively passed by the disciplinary and appellate authority of the respondent Bank discharging the petitioner from service with superannuation benefits. The petitioner while was serving as Assistant/Teller under the respondent Bank at Silchar was served with the following charge sheet dated 14.07.2003 with the allegation of defrauding the Bank by way of misappropriation in draft account.

(2.) In response to the said charge sheet, the petitioner submitted his written statement on 26.09.2003 taking the plea of not defrauding the Bank by way of misappropriation in draft account, rather helping the Bank in recovering the amount from the purchaser by draft. However, in the said written statement he also stated that due to mental stress he could not recollect as to what actually happened and that discrepancies might had occurred due to such mental stress. For a ready reference, the said written statement dated 26.09.2003 is also reproduced below:

(3.) Before proceeding any further with the matter, it will be appropriate to refer to the pleaded case of the petitioner upto to the stage of issuance of the said charge sheet and the reply thereto. In paragraph-2 of the writ petition, the petitioner has stated about his scooter accident on 17.08.1991 with head injury which he had allegedly suffered in the said accident. In paragraph-3 of the writ petition, the petitioner has stated that on 13.04.2003, the Bank Manager of the respondent Bank in which the petitioner had been serving directed him to report to the Assistant General Manager of the Bank at Regional Office at Silchar. In paragraph-4 of the writ petition, the petitioner as stated about his meeting with the Assistant General Manager (AGM) who in turn had allegedly told him about pending investigation in respect of fraud in draft account in the branch where the petitioner had been serving as officiating teller. The petitioner was directed to cooperate with the Investigating Officer (I.O.).