JUDGMENT

Dr. B.R.SARANGI, J. - The petitioner who was working as a Special Assistant of State Bank of India, Kodala Branch has filed this application to quash the order of punishment dated 25.03.2010 under Annexure-7 passed by opposite party no.4-Assistant General Manager (Admn) & Disciplinary Authority, State Bank of India, Administrative Unit, Berhampur (Gm) imposing penalty of compulsory retirement with superannuation benefits i.e. Pension and/or Provident Fund and Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and without disqualification from future employment and the order dated 06.07.2010 under Annexure-10 passed by opposite party no.2-Deputy General Manager (O & C-NW)-II, State Bank of India, Local Head Office, Bhubaneswar rejecting his appeal under Annexure-8 by confirming the order passed by the Disciplinary Authority.

2. The short fact of the case in hand is that the petitioner while working as Special Assistant at Surada Branch committed an act of omission and commission which was highly prejudicial and detrimental to the interest of the Bank and amount to gross misconduct as per the provisions of Clause-5 (j) of the Memorandum of Settlement dated 10.04.2002. Accordingly, following charges were framed against him :

1. Utilizing your position in the Branch, you have canvassed and mobilized SBI Life Business for your son Shri Sourabha Khadenga (IA) Code: 10704030 at Surada Branch from the Branch customers.

2. You have not informed to the Bank the fact that Shri Sourabha Khadanga, appointed as Insurance Agent by SBI Life is your son which is in violation of instructions contained in Book of Instructions Volume (1) Annexure (i) which reads as “Canvassing by our employee in support of the business of Insurance Agency etc. owned or managed by a member of his family shall be deemed to be breach of this sub-rule”.

3. You have written draft requisition slips in several occasions for the SBI Life customers and issued drafts in your ID even though you have been entrusted with the work in advances Section.

4. There are high value cash/transfer transactions in your S.B. account which are disproportionate to the known source of your income.

The petitioner was called upon to file his reply to the charges mentioned above within a period of seven days, pursuant to which he submitted his reply denying the allegations made against him. On receipt of explanation, enquiry officer was appointed and accordingly, the enquiry officer conducted the enquiry and found all the charges levelled against him to have been proved. After completion of enquiry, the enquiry officer submitted his report to opposite party no.4-Disciplinary Authority, who forwarded the same in his letter dated 20.10.2009 to the petitioner asking him to make his representation and the petitioner also made a representation. On consideration of the same, the Disciplinary Authority issued a letter dated 26.02.2010 calling upon him to show-cause why punishment of compulsory retirement with superannuation benefits i.e. Pension and/or Provident Fund and Gratuity as would be due otherwise under the Rules or regulations prevailing at the relevant time and without disqualification from future employment shall not be imposed. In response to the same, the petitioner submitted a detailed show-cause on 21.03.2010. After due consideration the Disciplinary Authority imposed punishment of compulsory retirement from service with effect from 23.11.2010 and on receipt of the final order of imposition of punishment, the petitioner preferred appeal before the appellate authority on 07.05.2010. The appellate authority on 06.07.2010 after due consideration of the facts and documents rejected the appeal. Hence this case.

3. Mr. A.K. Mishra, learned Senior Counsel appearing for the petitioner urged that due to non-compliance of the principles of