BAIKUNTH SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner in this writ application has prayed for quashing of the order dated 9th May, 1995 (Annexure 12) passed by the Disciplinary authority imposing punishment of "dismissal without notice" against him in terms of paragraph 521 (5) (a) of Sastry Award as retained by Desai Award as well as the order dated 16th October, 1995 (Annexure 14) passed by the Appellate Authority agreeing with the decision taken by the Disciplinary Authority and thereby rejecting his appeal.

(2.) The petitioner was in the service of the State Bank Of India (herein after referred to as 'the Bank'). It is alleged that while working as Cashier at its Islampur Branch, he indulged in certain acts of misconduct and misappropriation of amount in various deposits during his posting, for which he was placed under suspension and later a disciplinary proceeding was also initiated against him. The enquiry commenced on 16-9-1993 and concluded on 26-8-1994. The Enquiry Officer submitted his report on 26-11-1994, vide Annexure 9, in which he found the first charge against the petitioner as proved and with the proof of 1st charge, the 2nd charge which is for acceptance of the deposit beyond the prescribed limit for deposit over Teller Counter in contravention of the rule relating to cash receipts at the Teller Counter has also been found to have been automatically stands proved.

(3.) The Assistant General Manager (III) of the Zonal Office of the Bank at Patna-Disciplinary Authority, vide Annexure 10, agreed with the findings of the Enquiry Officer and found the charge proved beyond doubt that while working at the Teller Counter at Islam- pur Branch, the petitioner had pocketed Rs. 4,000/- on 4-3-1992 deposited by Shri Chandra Bhushan Prasad for credit into his S.B. Account No. 2/3375 by making a false entry into his pass book and concurring with the findings, he proposed to inflict with the aforementioned punishment and called upon the petitioner to show cause within 10 days from the date of receipt of the memorandum as to why the said proposed punishment be not awarded to him.