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2023 Supreme(SC) 18

KRISHNA MURARI, BELA M. TRIVEDI
State Bank Of India – Appellant
Versus
Kamal Kishore Prasad – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Balbir Singh, Ld. ASG Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Mr. Lalit Rajput, Adv. Ms. Anu Sura, Adv. Ms. Akshata Joshi, Adv.
For the Respondent(s): Mr. Kripa Shankar Prasad, AOR Ms. Alisha Shaili, Adv. Mr. Ainul Ansari, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. Leave granted.

2. The present appeal is directed against the judgment and order dated 01.02.2018 passed by the High Court of Judicature at Patna in LPA No. 2035 of 2016, whereby the High Court has dismissed the appeal filed by the Appellant-Bank and confirmed the order passed by the Single Bench.

3. The short facts giving rise to the present petition are that the respondent while posted as a Branch Manager at Marufganj Branch and at various other branches, was found to have committed various lapses, in respect of which he was suspended on 14.06.1993 in terms of Rule 50A(i)(a) of SBIOSR, 1992. On the departmental proceedings having been conducted against him, the Inquiry Authority had submitted its report on 09.03.1998, whereby some of the allegations were found to be proved and some were found to be partly proved. The Disciplinary Authority agreed with some of the findings recorded by the Inquiry Authority and called upon the respondent to make his submissions on the same. However thereafter the matter was sent to the Appointing Authority, which imposed the penalty of “Dismissal from Service” as per the order dated 11.08.1999.

4. The respondent being ag


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