MOHANLAL PRADHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) CHALLENGING the legality, validity and justifiability of the departmental proceeding initiated against the petitioner by the respondent Bank issuing a charge under Memo dated 1. 10. 1996, the report of the Enquiry Officer dated 30. 12. 2007, the order of dismissal from service dated 13. 8. 2003 and the consequent order of dismissal of the departmental appeal of the petitioner, the present writ petition has been filed.

(2.) I have heard Mr. B. Chakraborty, learned counsel for the petitioner and Mr. L. Talukdar, learned counsel appearing for State Bank of India.

(3.) THE brief facts necessary for the purpose of disposal of this writ petition are inter alia that the petitioner was appointed as Cashier-cum-clerk in the State Bank of India on 8. 8. 1985 and was posted in its Lakhimpur Branch. On 3. 8. 1992 a raid was conducted at his residence while he was on leave which was followed by another raid on 8. 8. 1992 in which certain incriminating documents were recovered from his residence. An FIR was lodged against the petitioner which resulted registration as GR Case No. 88/1992 under Section 468/409/419/420, IPC with the Lakhimpur Police Station. The aforesaid criminal case was ended with acquittal of the petitioner by the learned C. J. M. , Lakhimpur vide judgment and order dated 15. 3. 1997. While the aforesaid criminal case was pending, the petitioner was served with a charge sheet alleging certain misconduct against him. The charges levelled against the petitioners are quoted below :