IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRAMATH PATNAIK, J.
Jayesh Mehta – Petitioner
Versus
State Bank of India and Others – Respondents
W.P. (S) No. 1049 of 2009
Decided On : 04-12-2015
PRAMATH PATNAIK, J.
1. In the instant writ application, the petitioner has inter-alia prayed for quashing of the order of dismissal from services vide order dated 09.12.2006 passed by General Manager (Network-II) S.B.I., L.H.O., Patna and for quashing the appellate order dated 09.04.2007 and for quashing the review order dated 03.03.2008 and the petitioner has further prayed to reconsider the case and impose appropriate punishment with cogent reasons in support thereof and also for direction upon the respondents to reinstate with all consequential benefits without break in service.
2. The brief facts as disclosed in the writ application, is that the petitioner was initially appointed as Clerk in State Bank of India and subsequently the petitioner has been promoted to the Junior Management Grade Scale-1. While continuing as such at Digwadih Branch, the petitioner was served vide memo dated 16.09.2005 wherein it has been informed that the decision has been taken initially by departmental proceeding against him and alongwith the memo statute of evidences were also enclosed, the allegations contained 21 charges during his incumbency at A.M.Y. Damkara Branch. On receipt of the charges, the petitioner submitted his reply denying the allegations. The matter was enquired by the Inquiry Officer and the Inquiry Officer submitted his report and Inquiry Officer, out of 21 charges held, 16 charges to be proved, 3 charges to be partly proved and 2 charges not proved. On receipt of the inquiry report the disciplinary authority passed the impugned order of punishment of dismissal from services vide order dated 09.12.2006. The petitioner being aggrieved by the order of dismissal preferred an appeal before the Appellate Authority and the Appellate Authority vide order dated 09.04.2007 rejected the appeal and against the dismissal of the Appellate Order, the petitioner filed a review application which has also been rejected by the Reviewing Authority who has confirmed the order of dismissal of the Disciplinary Authority as well as the Appellate Order. The petitioner left with no other alternative, efficacious and speedy remedy, has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
3. Per-contra a counter-affidavit has been filed on behalf of the respondents controverting the averments made in the writ application. In the counter-affidavit, it has been submitted that the entire departmental proceeding has been completed after following rules, regulations and the principles of natural justice, therefore, the writ petition is totally misconceived and the order of punishment has been confirmed by the Appellate as well as the Reviewing Authority by speaking order and thus the writ application is not maintainable and fit to be dismissed in limine. In the counter-affidavit, it has been submitted that while working as Junior Management Grade Scale-1, there were serious allegations against the petitioner who failed to serve the bank with utmost honesty, integrity, devotion and diligence and acted in a manner unbecoming of a Bank Officer and highly prejudicial to the Bank's interest and accordingly the Bank vide order dated 16.09.2005 decided to proceed against the petitioner and by the said Articles of charges were issued to him and as per SBI Officers' Services Rules 68(2)(ii) an inquiry officer was appointed. The inquiry officer submitted his report and the petitioner was supplied with copy of the inquiry report so as to as enable him to make submissions/representations against the findings of the inquiry officer. After submissions of the inquiry report and considering the materials on record and after following the Service Rules, the Appointing Authority inflicted the penalty of dismissal in terms of Rule 67(j) of SBI Officers Service Rules vide a speaking order dated 09.12.2006 and the said order has been confirmed by the Appellate Authority as well as
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