M.S. CHAUHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This order will dispose of the above two petitions as they involve somewhat similar facts and identical questions of law.

(2.) The petitioner-M.S. Chauhan was working with the respondent-State Bank of India in the Junior Management Grade, Scale-I (JMGS-I). He was placed under suspension pending disciplinary enquiry on 28.1.1980. Thereafter, he was served with the chargesheet on 12.5.1981 on the allegation that he had asked for payment either on the strength of Short Credit Payment Advice or accepted in collection the cheques of various amounts with regard to the accounts of one Surjit Singh. It is stated that said Surjit Singh was a swindler and had defrauded many banks. However, in all there were six such transactions where the cheques or withdrawal slips were passed for payments. Three of the items of the charge-sheet were against the petitioner and with regard to other three items, it was common to the petitioner and one H.P. Garg who was posted as Clerk at the Tarori branch of the respondent-bank. The third charge was against R.P. Singhal, Field Officer (petitioner in the connected petition). The petitioner filed his reply to the chargesheet on 15.7.1981 which was found to be unsatisfactory. Accordingly, vide order dated 28.8.1981, the Chief General Manager i.e. the Disciplinary Authority ordered regular enquiry into the matter. The enquiry was held ex parte against the petitioner. After enquiry, the Enquiry Officer submitted his report on 29.5.1982 by recording his findings on the allegations of charge. The report was forwarded to the punishing authority who vide order dated 17.8.1982 (Annexure P-4) dismissed the petitioner from service with immediate effect in terms of Rule 49(h) of the State Bank of India (Supervising Staff) Service Rules, 1975 (hereinafter referred as 'the 1975 Rules'). Petitioner aggrieved against the said order filed an appeal before the Appellate Authority under Rule 51(1) of the 1975 Rules (as amended). The said appeal was dismissed in limine. The petitioner then filed a writ petition bearing CWP No. 2313 of 1984 in this Court which was referred to a Division Bench of this Court and vide order dated 10.9.1984 (reported as M.S. Chauhan v. State Bank of India and others,1985 1 SLR 684, the petition was accepted and the order passed by the Appellate Authority was set aside and the case was sent back to the Appellate Authority for deciding the appeal in accordance with law. The petitioner did not receive any notice of the appeal. However, he had submitted a brief history of the case along with his comments and the relevant case laws. The Appellate Authority vide order dated 15.3.1986 (Annexure P-7) found the charges contained in items 1 to 5 of charge No. 1 as proved whereas other charges were held to be not substantiated but in the ultimate analysis the appeal was dismissed on 19.3.1986 (Annexure P-6). On the quantum of punishment, instead of dismissal the petitioner was ordered to be removed from Bank's service under sub-rule (g) of Rule 49 instead of Rule 49(h) of the 1975 Rules. The petitioner addressed letter dated 18.5.1986 (Annexure P-8) to the Appellate Authority for making certain corrections in the order as according to him, at number of places wrong facts were mentioned and wrong rules were quoted besides a mention had been made in the order with regard to some witnesses who had never been examined. The petitioner received reply dated 16.8.1986 (Annexure P-9) informing him that due corrections would be made in the order as suggested. However, with regard to consideration of non-existence of evidence concerned, it is stated that no reply was received by the petitioner. The petitioner thus filed the present writ petition for quashing order dated 17.8.1982 (Annexure P-4) regarding his dismissal from service as also order dated 15.3.1986 (Annexure P-6) whereby the Appellate Authority ordered his removal from service.

(3.) The petitioner-Raj Pal Singal joined the State Bank of India, Chandigarh Branch as Cashier on 14.12.1967. In the year 1971, he was transferred to Punjab University branch, Chandigarh and was promoted as Clerk in 1972 and transferred to Karnal Branch of the Respondent-Bank. He was further promoted as Officer Scale II (now redesignated as Officer, Junior Management Scale I). In 1977, he was transferred to Tarori branch of the State Bank of India where he joined on 5.6.1978. Thereafter, he was transferred to Region-I, Regional Office, Chandigarh on 15.5.1979. By an order dated 20.1.1980, the petitioner was placed under suspension pending disciplinary enquiry for certain acts of irregularity and lapses which were attributed to him in the chargesheet dated 12.5.1981 (Annexure P-1) which relate to his posting at the Tarori branch of the State of India. The petitioner filed his reply to the chargesheet and denied the allegations levelled against him. The Disciplinary Authority being not satisfied with the reply ordered the holding of a departmental enquiry. The Enquiry Officer found that charges No. 3 and 4 were fully proved whereas charges No. 1, 2 and 5 were held to be partly proved. The enquiry report was considered by the Disciplinary Authority who vide order dated 2.4.1983 (Annexure P-3) ordered the dismissal of the petitioner from service in terms of Rule 49(h) of the 1975 Rules. The petitioner filed an appeal under Rule 51(1) of the 1975 Rules before the Appellate Authority against the said order dated 2.4.1983 which was also dismissed by the Appellate Authority on 22.5.1984 (Annexure P-5). Aggrieved against the dismissal of the appeal, the petitioner filed a review petition dated 25.6.1984 (Annexure P-6). However, the same was also dismissed vide order date 5.3.1987 (Annexure P-7). Thus, the petitioner filed the present petition for quashing order dated 2.4.1983 (Annexure P-3) passed by the Disciplinary Authority, order dated 22.5.1984 (Annexure P-5) passed by the Appellate Authority and order dated 5.3.1987 (Annexure P-7) passed in his review petition, besides praying for his reinstatement to the original post with full back wages, continuity of service, increments, leave and other consequential benefits.