STATE BANK OF INDIA Vs. H K DOGRA

JUDGEMENT

(1.) THE thrust of the submission of the learned counsel for the appellants before us is that the findings of the learned Single Judge on the following two main submissions of the petitioner in the writ petition are not in consonance with the facts pleaded by parties on record, and also not in accordance with the settled principles of law: -

(2.) THE learned counsel for the respondent Mr. P.S. Patwalia has strongly opposed the contentions of the counsel for the appellants on the plea that there is violation of principles of natural justice and also that the order is non -speaking order.

(3.) THE respondent herein joined the service of the State Bank of India, established under the State Bank of India Act, 1955. While the respondent was posted as Officer Grade II in Patiala Branch of the State Bank of India, he was served with a charge sheet dated 12/22.5.1976. The charges related to unauthorised debit to constituents' accounts either personally or by issuing instructions to juniors. The charges also related to fraudulent transfer by the respondent from Saving Bank Accounts of one party to another. The charges also related to opening of two accounts while the depositors were not present in the Bank and the formalities were completed by completing the account opening forms himself, and, also depositing the initial amounts under his signatures. The accounts were opened in an irregular manner with a view to facilitate fraudulent transactions with an ulterior motive and utilising constituents' funds either for his own benefit or for the benefit of his relations. The Bank on the basis of some specific instances had framed 8 charges against the respondent while there were 8 sub -charges under the first charge, that is charge No. (1). The charges were framed by the Bank on the basis of the fact finding report submitted by Mr. S.R.N. Gosain dated 19th January, 1976. To this charge -sheet, the respondent had filed a detailed reply on 28.7.1977, and, after conducting an inquiry in accordance with instructions/rules and principles of natural justice, the Inquiry Officer, Mr. G.S Aggarwal, submitted his report dated 28th August, 1979. The Inquiry Officer absolved the respondent of Charges (i)(a), (b), II, V, VI and VIII, and found the respondent guilty of Charges (i) (c), (i)(d), (i)(e), (i)(f), (i)(g), (i)(h), VII and held that Charges (i) (i) was not specific and did not give any finding on the same.