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2003 Supreme(HP) 30

High Court Of Himachal Pradesh
ARUN KUMAR GOEL,M.R.VERMA
ANIL KUMAR DOBHAL - Appellant
Versus
STATE BANK OF INDIA - Respondent
Civil Writ Petition No. 2119 of 1995
Decided On : 03/07/2003

Advocates Appeared:
Mr. Rajiv Sharma, Senior Advocate, with Mr. Rahul Chopra, Advocate, for the Petitioner; Mr. K.D. Sood, Advocate, with Mr. Aneesh Garg, Advocate, for the Respondents.

Headnote:CONSTITUTION OF INDIA - Articles 226/227 - Writ - Removal from service - Quashment of orders - Held, that the charges are of grave nature - Keeping in view the proved misconduct and petition was filed after four years: There is no reason to interfere with penalty imposed on the petitioner - Petition dismissed.

JUDGMENT

M.R. Verma, J.—This petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for quashing the order dated 30.9.1989 passed by the Chief General Manager, (Appointing Authority), removing the petitioner from service, (Annexure PG to the petition), order dated 1.4.1990 passed by the Appellate Authority, dismissing the service appeal preferred by the petitioner (Annexure PJ to the petition) and orders dated 5.12.1991 and 11.12.1998(7) passed by Reviewing Committee, dismissing review petitions of the petitioner (Annexure PL and PN to the petition).

2. Case of the petitioner, as made out in the amended petition, is that he was appointed as a Clerk in the respondent bank on and with effect from 3.6.1972 as per Annexure PA. He was served with Office Order dated 17.9.1987 (Annexure PB) by respondent No. 2, his Disciplinary Authority, placing the petitioner under suspension for the following acts of grave misconduct : (i) That he credited the proceeds of collections to his own Savings Bank Account instead of affording credit to the account of lodgers by making alterations in the relative records of the Branch in a fraudulent manner. (ii) That cheques/withdrawals were issued by him without maintaining sufficient balance in his account. (iii) That the terms and conditions regarding repayment of the overdraft facility sanctioned to him against the security of National Savings Certificates was not being adhered as a result of which his overdraft account was running irregular. (iv) That he had raised substantial amount from outside agencies without obtaining prior permission of his Controlling Authority. (v) That the amounts deposited by him in his Savings Bank/Current Accounts on various dates are disproportionate to his salary income.

3. The petitioner was then served with a charge sheet dated 19.8.1988 under four heads as per the aforesaid acts, requiring the petitioner to submit his written statement to the charge sheet within 15 days. The petitioner submitted the written statement dated 17.9.1988 (Annexure PD). The Disciplinary Authority found the written statement submitted by the petitioner unsatisfactory and unacceptable and a departmental inquiry was initiated against the petitioner vide order dated 13.10.1988 (Annexure PE). On completion of the departmental proceedings, the inquiry officer submitted the report (Annexure PF) whereby charge No. 1 was held proved, charges Nos. 2 and 4 were held partly proved and charge No. 3 was held not proved. The Disciplinary Authority imposed the penalty of removal from bank service on the petitioner in terms of Rule 49 (g) of the State Bank of India (Supervising Staff) Service Rules (hereafter referred to as the Rules). The petitioner preferred an appeal (Annexure PH) against the penalty imposed upon him and also submitted a supplementary appeal (Annexure PI) to the Appellate Authority i.e. respondent No.3. The appeal preferred by the petitioner was rejected by respondent No. 3 vide order dated 1.9.1990 (Annexure PJ). The petitioner then preferred a Review Petition under Rule 51 of the Rules supra (Annexure PK) which was rejected by the Reviewing Committee on 5.12.1991 vide (Annexure PL). It is further case of the petitioner that after his removal from service and rejection of appeals/review petitions, he went in depression, lost his father, his mother fell ill and his wife is also ill and he had no means to approach this Court for redressal of the grievances, therefore, the delay caused in filing the present petition is bonafide and in the meanwhile, no rights of third party have intervened. It is further averred that pursuant to the orders passed by this Court on 15.10.1998, the petitioner made a detailed representation (Annexure PM) to the concerned authorities and he was legitimately expecting that such a representation would be considered sympathetically by such authorities and the penalty of removal would be reduced to an appropriate punishment. H






































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