RAMJEE PRASAD GUPTA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and Learned Counsel for the State Bank of India.

(2.) The present writ petition has been filed for the following relief/s:-

(3.) Learned Counsel for the petitioner submits that the petitioner passed his B.Sc. (Agriculture) Examination in the year 1970 from Ranchi University and was appointed against the post of Agriculture Assistant in State Bank of India and joined the said post on 9/12/1974. On 1/4/1983, petitioner was promoted to the post of Rural Development Officer in pay scale-1 and he remained in the said pay scale-1 till his retirement on 28/2/2011. Counsel submits that the petitioner was posted as Support Officer at Amjhore in the District of Rohtas from January 2010 to 4/6/2010 and petitioner was put under suspension on 4/6/2010 issued under the signature of Deputy General Manager (I & C). The Disciplinary Authority has alleged that petitioner has defrauded the Bank by crediting his own account as well as account of his outside accomplices by unauthorized debit to Branch charges account and the Headquarter of the petitioner was fixed at Latehar in the State of Jharkhand. Counsel submits that there is no adverse entry in the service record of the petitioner since his initial date of appointment. Counsel submits that vide letter dtd. 18/11/2010, article of charge was served upon the petitioner based on three allegations and time was granted to him to file the explanation. Counsel further submits that with the same allegation, criminal case has also been instituted against the petitioner bearing Amjhore P.S. Case No. 119 of 2010. Counsel submits that the disciplinary proceeding has been initiated against the petitioner and in the disciplinary proceeding, the petitioner has submitted his defence. But, the Enquiry Officer found all charges proved against him and prior to conclusion of the departmental proceeding, petitioner has superannuated on 28/2/2011. Therefore, the General Manager and Appointing Authority of the petitioner exercised power under Rule 19(3) of the State Bank of India Officers Service Rules (hereinafter referred to as 'SBIOS Rules') by which the departmental proceeding initiated against the petitioner was ordered to be continued and completed even after his date of retirement.