Judgment

AMARENDRA NATH SEN, J. :- The validity of an order dated 31st December, 1962 passed by the State Bank of India dismissing the appellant from service is questioned by the appellant in this appeal filed with special leave granted by this Court.

2. In March, 1948 the appellant was appointed as a clerk in the Head Office of the Imperial Bank of India. The State Bank of India was constituted in 1955 by the State Bank of India Act (Act No. 23 of 1955) to take up the undertaking of the Imperial Bank of India and the entire undertaking of Imperial Bank of India vested in the State Bank of India by virtue of the provisions contained in the said Act. Under Section 7 of the State Bank of India Act, 1955 the appellants services were transferred to State Bank of India (hereinafter referred to as the Bank). In February, 1961 the appellant was transferred to Dinhata Pay Office of the Bank in the District of Coochbehar. In December, 1961 the appellant was served with a show cause notice on a charge of misappropriation of a sum of Rs. 2339-63 belonging to the bank. On the 23rd February, 1962 the Staff Superintendent of the Bank caused a charge-sheet to be served on the appellant. On the 19th