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2014 Supreme(Pat) 654

SAMARENDRA PRATAP SINGH
Ranjeet Singh – Appellant
Versus
State Bank of India, through the Chief General Manager, Local Head Office, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Chitaranjan Sinha, Sr. Advocate, Mr. Ajay Kumar, Advocate Mr. Navin Kumar, Advocate
For the Respondents:Mr. Ansuman Singh, Advocate, Mr. Mukund Jee, Advocate

Order

The petitioner, who was an Assistant Manager in Middle Management Grade (hereinafter referred to as “the M.M. Grade”) scale in Patna Main Branch, State Bank of India, prior to his suspension and dismissal, prays for the following reliefs:-

(i) For quashing enquiry report dated 15.11.2006 (Annexure-8),

(ii) for quashing of order of disciplinary authority dated 20.02.2007 (Annexure-11) by which punishment of dismissal has been inflicted,

(iii) for quashing the order of appellate authority dated 15.09.2007 (Annexure-13), and

(iv) for appropriate direction to reinstate him in service and to permit him to discharge his function in M.M. Grade Scale (III) in the respondent Bank.

2. The reliefs of the petitioner are founded on the following grounds:

(i) The disciplinary proceeding has been conducted in violation of principles of natural justice, fair play and equity.

(ii) The respondents before giving second show-cause notice have pre-judged the guilt of the petitioner. The reliance has been placed upon a decision in case of Oryx Fisheries Private Limited Vs. Union of India & Ors., reported in (2010) 13 SCC 427.

(iii) The documents relied upon has not been proved by any witness, which would































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