HEM CHANDRA BARUAH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Dr. R. Sarma, learned counsel appearing for the writ petitioner. Also heard Mr. N. Barua, learned counsel appearing for the respondent Bank.

(2.) The petitioner was serving as Deputy Manager (Accounts) in the State Bank of India (SBI), Tura Branch. Pursuant to a disciplinary proceeding, by an order dated 04.01.2006 (Annexure-Q), issued by the General Manager-II, SBI, the petitioner was imposed a penalty of "removal from service" in terms of Rule 67(i) of the State Bank of India Officers' Service Rules (for short, "SBIOS Rules"), along with recovery in the form of forfeiture of the gratuity amount of Rs.3.5 Lakhs under Rule 4(6)(a) of the Payment of Gratuity Act, 1972, for the loss of Rs.10 Lakhs caused to the Bank and recovery of 50% of Rs.27,879/- under Rule 67(d) of the SBIOS Rules for the loss caused to the Bank on account of penal interest paid to RBI due to cash shortage. The suspension period was treated to be not on duty. By a letter dated 12.01.2006 (Annexure-R), the petitioner was informed that he may prefer appeal to the appellate authority within 45 (forty-five) days from the date of receipt of the said letter as provided under Rule 69(2) of the SBIO S Rules.

(3.) The petitioner preferred an appeal on 03.03.2006 (Annexure-S).