LOKESH KUMAR Vs. CHAIRMAN, STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner assails the order dated 29.11.2019 whereby the petitioner has been punished with dismissal from service without notice and the appellate order dated 27.04.2020 whereby his appeal was rejected.

(2.) The allegation against the petitioner is of embezzlement and fraud resulting in causing loss to the Bank of a sum of Rs.1,33,68,900/-.

(3.) This court finds that the petitioner did not participate in the inquiry and the only reason coming forward is that because there was a criminal case registered in relation to certain allegations for which a departmental inquiry was conducted, the petitioner chose not to appear before the inquiry officer. The Inquiry Officer submitted his report and copy of the inquiry report was also made available to the petitioner as is reflected from the impugned order. The petitioner submitted a reply to the inquiry report and requested for putting on hold the departmental proceedings as criminal case was still pending. The Bank did not accede to the request of the petitioner as the departmental proceedings and the criminal proceedings can be continued simultaneously, whereafter the Bank having accepted the inquiry report reached to a conclusion that there has been a misappropriation of funds and fraud committed by the petitioner, entries have been made without physical vouchers, and that all the four charges were proved. The disciplinary authority decided to dismiss the petitioner from service and the appellate authority has also approved the said order.