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2013 Supreme(Jhk) 933
HIGH COURT OF JHARKHAND
Aparesh Kumar Singh, J.
Manik Ratan Banerjee - Petitioner
Versus
State Bank of India & others - Respondents
W.P.(S) No. 6526 of 2003
Decided on : August 1, 2013
For the Petitioner:Mr. Shekhar Prasad Sinha, Advocate.
For the Respondents:Mr. Rajesh Kr., Mr. Amit Kr. And Mr. Manindra Kr. Sinha, Advocates.
The employer has the right to take disciplinary action against an employee for serious misconduct, even if parallel criminal proceedings are initiated.
Headnote:
Fraud - Employment - SBI Officers' Service Rules - Payment of Gratuity act, 1972 - [Rule 50(4), Rule 67(j), Section 4(6)(b)]
Fact of the Case:
The petitioner was dismissed from service by the respondent State Bank of India on grounds of serious irregularities and misconduct while posted as Dy. Manager at Dhanbad branch. The charges included irregular payment of drafts, passing forged drafts, and benefiting relatives through fraudulent means.
Finding of the Court:
The court found that the petitioner was responsible for various frauds and irregularities, and failed to serve the bank with integrity and diligence. The court upheld the punishment of dismissal from service and forfeiture of gratuity.
Issues: The issues revolved around the petitioner's alleged misconduct, procedural fairness in the inquiry proceedings, and the impact of parallel criminal proceedings on the disciplinary action.
Ratio Decidendi: The court held that the purpose of departmental proceedings is to keep individuals guilty of serious misconduct out of the department, even if criminal proceedings are initiated. The employer had the right to lose confidence in the employee due to established serious misconduct.
Final Decision: The court dismissed the writ petition, stating that the impugned orders imposing punishment of dismissal did not suffer from procedural error and did not require judicial interference.
By Court: Heard counsel for the parties.
2. By the impugned order dated 24th January 2003 contained at Annexure-11 passed by the Disciplinary Authority-cum-General Manager (GB) of the respondent State Bank of India, the petitioner has been dismissed from service. He preferred an appeal before the Chief General Manager-cum-Appellate Authority of the respondent Bank vide Annexure-12 which was also dismissed by speaking order dated 18th June 2003 (Annexure-13).
3. The petitioner was served with a charge sheet in respect of certain misconduct which he is said to have committed while posted as Dy. Manager at Dhanbad branch of the respondent Bank. The petitioner had earlier been placed under suspension by order dated 16th February 2000 (Annexure-1). The order of suspension indicate that during his incumbency as In-charge, Draft Issue Section at Dhanbad Branch, serious irregularities have been committed by him. The Disciplinary proceeding thereafter followed on the charges alleged in the charge sheet dated 7th November 2001. The statement of allegations which were annexed to the charge sheet inter-alia contain seven different allegations against the petitioner, which are as follows:
“i. He irregularly passed for payment of five drafts by cancellation on 22nd July 1997 in a fraudulent manner and got issued a banker's cheque favouring ACC Ltd for Rs. 49,496 and passed on the pecuniary benefits to one M/s Sandeep Enterprises, Chandankiary, a retail cement shop allegedly owned by one Sandeep Banerjee who happens to be the son of the petitioner. The details of the drafts were annexed as Annexure-A to the charge sheet. In all the cases, he did not obtain application from the bonafide purchasers of the drafts and did not mark noting in the Draft issue Register. He did not even mention the fact of payment by cancellation over the relative vouchers.
ii. On 9th April 1999, he irregularly paid twenty-one drafts amounting to Rs. 2,31,862.40 by cancellation. All these drafts were purchased by the Director, BIT, Sindri. These drafts were tendered at the branch for payment by cancellation and credited to Government Account head “0202”. Instead of crediting the proceeds to Government Account (Head 0202), he got issued a draft No. 421878 dated 9th April 1999 for the same amount drawn at Hirapur branch favouring M/s Gopal Agencies. The same was presented for payment through clearing by Canara Bank and was paid on 10th April 1999. M/s Gopal Agencies, an authorized distributor of Century Cement, received payment on account of cement supplies to the firm M/s Sandeep Enterprises, Chandankiary allegedly owned by his son. He thus passed the pecuniary benefit of the drafts in question to his son in a fraudulent manner. The details of the drafts were annexed as Annexure-B.
iii. On 24th May 1999, he allegedly removed twenty-one drafts amounting to Rs. 62,381.08 issued by Dhanbad branch and passed those drafts for payment by cancellation. From the proceeds, he got issued a banker's cheque drawn in favour of Dhanbad Central Co-operative Bank Ltd. “Account Gopal Chandra Banerjee”. The said banker's cheque was presented by Cooperative Bank Ltd through clearing for crediting the amount of S.B. A/c No. 334/3 of Shri Gopal Chandra Banerjee maintained at their end. It has been alleged that later on, he obtained a cheque from Shri Gopal Chandra Banerjee for similar amount of Rs. 62,381.08 and got credited the amount on 31st May 1999 in his joint current account with his wife Mrs. Gouri Banerjee. (C.A./c No. 30/1093) maintained at the Branch. The details of the drafts are furnished in Annexure-C.
iv. On two more occasions i.e. on 24th July 1999 and 05th August 1999, four drafts on each date for Rs. 17,934.42 and Rs. 10.870.67 respectively were paid by him by cancellation. The drafts were purchased by various Government Agencies and remained undelivered. It is alleged that he got issued the banker's cheque no. 518411 dated 24th July 1999 for Rs. 17,934.42 and another
