STATE BANK OF INDIA, RANCHI Vs. MAHESHWAR RAM

JUDGEMENT

(1.) MAHESHWAR Ram, respondent no. 1 was employed as clerk in the State Bank of India. While posted at Hatia Branch of the Bank in the year 1975 he was placed under suspension in contemplation of a departmental proceeding, wherein he was subsequently awarded punishment of stoppage of two increments on 11.9.1976. However, on 1.11.1981 he was promoted to the post of Teller. Again while he was posted as a Teller in Gumla Branch of the Bank, on the charges of gross disobedience and disorderly behaviour with his superiors another departmental proceeding was initiated and enquiry was held, wherein his special allowance was permanently withheld. Thereafter, on 2.12.1992, while working as Teller in Gumla Branch of the Bank, he was alleged to have abused the Branch Manager in very vulgar langauge and as such on the direction of the superior authorities, third departmental proceeding was initiated against him wherein following charges were framed :

(2.) IT was found that there was no violation of principles of natural justice and adequate opportunity of hearing was given to the respondent no. 1 and taking into consideration the gravity and seriousness of the charges, his dismissal from service was assessed to be appropriate punishment and he was dismissed from service on 1.12.1995 in terms of para 521(5)(a) of Sastri Award as retained in Desai Award and as added in bipartite agreement dated 31.10.1979.

(3.) RESPONDENT no. 1 challenged those orders in this Court vide CWJC No. 1820 of 1996 (R), which was heard and allowed by the learned Single Judge by impugned order dated 23rd September, 2002 [reported in 2002 (3) JLJR 609] and the order of his dismissal from service was set aside and the matter was remitted to the Disciplinary Authority with a direction to reconsider the question of quantum of punishment of dismissal from service and to pass fresh order of punishment which must not be disproportionate to the charges levelled against him taking inito consideration the observations made in the judgment. The State Bank of India has, therefore, filed the present Appeal against the said order.