JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this writ petition as filed under Article 226 of the Constitution of India the writ petitioner has prayed for quashing of the charge sheets dated August 28, 2006 and September 06, 2007, the enquiry proceeding and the report of the Enquiry Authority, the order of the punishment as given by the Appointing Authority and as approved by the Appellate Authority by its order dated January 01, 2011 and affirming decision of the Reviewing Authority vide its order dated April 17, 2012.

2. For effective disposal of the instant writ petition the facts leading to filing of the writ petition is required to be dealt with in a nutshell.

3. While posted as the Chief Manager of the Lake Gardens Branch of the respondent-bank i.e. SBI for the period August 21, 2002 to November 19, 2005 it has been alleged that the present writ petitioner committed certain lapses and/or irregularities with regard to the disbursement, sanction and conduct of cash credit and term loan in favour of Shaymal Kumar Ghosh for which he was charge sheeted. It is the further allegation of the respondent-bank that during his posting at BT Road Branch as the Chief Manager (OPs) Region II Zonal Office, Kolkata during the period November 2005 to July 2007, the writ petitioner had resorted to committing serious lapses in facilitating perpetration of fraud by inducing one Shri Pradip Kumar Samanta, MMGS-III, the then Branch Manager to sanction/disburse seven loan accounts for which the bank suffered huge loss. Since the respondent-bank was not satisfied with the reply/ replies of the delinquent, a departmental enquiry was started. In the departmental enquiry following charge has been framed regarding alleged irregularities at SBI, Lake Gardens Branch namely:-

“1. Shri Kalyan Kumar Roy, SMGS-IV, while posted at Lake Gardens Branch as Chief Manager from 21.08.2002 to 19.11.2005 is alleged to have failed to take all possible steps to ensure and protect the interest of the Bank and to discharge his duties with utmost devotion and diligence in violation of Rules 50(1) and 50(4) of the State Bank of India Officers Service Rules (SBGIOSR) as per his acts detailed in the enclosed Statement of Allegations of Misconduct.”

The imputations of misconduct in respect of the aforesaid charge are as follows:-

“i. The Loan facilities were disbursed without complying with the terms of sanction. The stipulations of extending Equitable Mortgage created at Midnapur Branch for a Dhaba at Gobru to covert the loan sanctioned was not complied with.

ii. No opinion reports of the Borrowers and Guarantors were prepared.

iii. Disbursements/Drawings were permitted beyond the sanctioned limit viz. Rs. 103.41 lacs in Term Loan A/c No.01502050209 against a sanctioned limit of Rs. 75.00 lacs and upto Rs. 39.00 lacs in Cash Credit Account No. 01600050211 against a sanctioned limit of Rs.16.50 lacs. The irregular excess drawings were not backed by the appropriate documents.

iv. The margin portion of the borrower was not ensured at every stage of the project financed by the Bank.

v. As Cash Credit Limit of Rs. 15.00 lacs was sanctioned on 10.11.2004 and no control return was submitted.

vi. In the proposal for sanction submitted to the Zonal Office Credit Committee, the information of existence of a Cash Credit facility was suppressed.

vii. Closure of the existing Cash Credit Account (sanctioned earlier) by appropriation of funds of Term loan Account of the same borrower through Savings Bank Account with about Rs.22.00 lacs.

viii. The disbursements from the Term Loan were mostly made by crediting the Borrower’s Savings Bank A/c No.01190016877. therefore, end use of funds were not ensure.

ix. The irregularities in the Term Loan and Cash Credit Account were not reported to the Controller.

x. Permitting and suppressing of irregularities and non replying Zonal Office letter No.1/104 dated 16.07.2005 and its reminder vide no.1/155 dated 31.08.2005.

xi. Loan Processing charge of Rs.1,19,870/-was not r