The decision to remove the petitioner from service was justified based on substantiated allegations of financial irregularities and misconduct, as per the State Bank of India Officers Service Rules.

K.M. Joseph, J.

Disciplinary proceeding was commenced against the petitioner, who, according to him, by virtue of devotion of duty, hard work and unblemished record, came to be promoted to the rank of Assistant General Manager. The disciplinary proceeding was commenced on 1.2.2012. The charge is as follows:

“STATEMENT OF ARTICLES OF CHARGE IN RESPECT OF SHRI S.K. GOEL OFFICER, OSMGS-V, STATE BANK OF INDIA, DEHRADUN.

Shri S.K. Goel, OSMGS-V while posted as Chief Manager (ARN) at Zonal Office Dehradun failed to discharge his duties with utmost honesty, integrity, devotion and diligence and acted in a manner unbecoming of a Bank official and highly prejudicial to the Bank’s interest in violation of Rule 50(4) of State Bank of India Officers Service Rules as per his acts detailed in the enclosed Statement of imputations of Misconduct.”

2. The allegation we must note, which accompanied a charge, being three in number read as follows:

“STATEMENT OF IMPUTATIONS OF MISCONDUCT IN RESPECT OF SHRI S.K. GOEL, OSMGS-V, DEHRADUN BRANCH

Shri S.K. Goel, OSMGS-V while posted as Chief Manager (ARN) at Zonal Office, Dehradun w.e.f. 20.06.2006 to 02.02.2009 is alleged to have committed undernoted irregularities:

ALLEGATION NO. 1.

A Cash Credit Limit of Rs. 50.00 Lacs was sanctioned on 31.08.2007 to M/s Augurs Well e-Solutions (P) Ltd., by Dehradun main Branch. The account was subsequently declared as a fraud. Control return was sent by Dehradun branch on 29.03.2008 which was received at ZO, Dehradun on 31.03.2008. The control report was put up for review to the DGM on 19.06.2008 i.e. after two & half month of its receipt by him.

It was observed that regular DGM was away on LFC from 05.06.2008 to 20.06.2008 and the Control report was put up for review to the officiating DGM on 19.06.2008. This deliberate act of submission of Control Return with delay and that too to officiating DGM points ulterior motive on his part.

ALLEGATION NO. 2

The undernoted credit transactions were made in his account by debit to cash credit account of M/s Augurs Well e-Solutions (P) Ltd., which was not a genuine business transaction. Further, these high value transactions in his account are beyond his known sources of income

Sr. No.	Date	Credit (Rs. IN LACS)	Remarks
A/c of Shri S.K. Goel (No. 10392855057 at Tel Bhavan Branch, Dehradun)
1.	06.06.2007	3.00	Transferred from overdrawn C/A of M/s Augurs Well e-Solutions (P) Ltd. The account subsequently treated as fraud.
2.	07.09.2007	5.00	Transferred from C/C of M/s Augurs Well e-Solutions (P) Ltd. The account subsequently treated as fraud.

Further, his Assets & Liabilities statement for 2007-2008 does not indicate the disposal of any property by him. He is thus responsible for entering into financial dealing with Bank’s borrower and violated Rule 59(1) of SBIOSRs.

ALLEGATION NO. 3

By his above acts, the Bank is likely to suffer a loss of over Rs. 58.48 lacs.”

3. The petitioner submitted his explanation. Apparently not being satisfied with the same, an Inquiry Officer was appointed. An inquiry was conducted. The Inquiry Officer found that all the three allegations were substantiated. Thereupon, the Disciplinary Authority afforded an opportunity to the petitioner to offer his objection to the Inquiry Report, which the petitioner did. The Disciplinary Authority, after considering the objection of the petitioner, found that Allegation Nos. 1 & 3 could not be said to be proved, but he agreed with the Inquiry Officer in regard to Allegation No. 2. The Disciplinary Authority was of the views that the ends of justice would adequately be met by imposing the penalty of removal from service and on the same day, i.e. on 23rd July, 2013, we find that the Appointing Authority has also proceeded to concur with the recommendation, but it took the view that before it passes final