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2009 Supreme(MP) 1151

HIGH COURT OF MADHYA PRADESH
Before Mr. Justice Rajendra Menon
S.C.MUKHERJEE
Versus
CHAIRMAN, STATE BANK OF INDIA
w.p. NO.653/1999 Of
Decided On : Dec 10,2009

Advocates Appeared:
Vijay Nayak, Anand Nayak, Akash Choudhary

Headnote:

COMPULSORY RETIREMENT - STATE BANK OF INDIA OFFICERS SERVICE RULES - DEPARTMENTAL ENQUIRY - PRINCIPLES OF NATURAL JUSTICE - SCOPE OF JUDICIAL REVIEW - PERVERSE FINDING - PREJUDICE: In a petition challenging the order of compulsory retirement imposed on the petitioner, the Court held that: 1. Non-supply of documents sought by the petitioner during the departmental enquiry does not automatically vitiate the enquiry. The petitioner must show prejudice caused to him due to non-supply of documents. 2. The scope of judicial review in departmental enquiries is limited to examining whether the procedure followed was proper, fair, and reasonable. The Court cannot re-appreciate evidence or substitute its findings for those of the enquiry officer. 3. A finding of perversity can only be made if it is based on no evidence, extraneous considerations, or is so unreasonable that no prudent person would have reached it. 4. In the present case, the petitioner failed to demonstrate prejudice caused by the non-supply of documents or perversity in the enquiry officer's findings. Therefore, the petition was dismissed.

Fact of the Case:

The petitioner, a Field Officer in the State Bank of India, was compulsorily retired following a departmental enquiry that found him guilty of various irregularities in the processing and granting of loans. The petitioner challenged the order of compulsory retirement, arguing that the enquiry was vitiated by the non-supply of documents and that the findings of the enquiry officer were perverse.

Finding of the Court:

The Court held that the petitioner failed to demonstrate prejudice caused by the non-supply of documents or perversity in the enquiry officer's findings. Therefore, the petition was dismissed.

Issues: 1. Whether the non-supply of documents sought by the petitioner during the departmental enquiry vitiated the enquiry. 2. Whether the scope of judicial review in departmental enquiries extends to re-appreciating evidence and substituting the Court's findings for those of the enquiry officer. 3. Whether a finding of perversity can be made if it is based on no evidence, extraneous considerations, or is so unreasonable that no prudent person would have reached it.

Ratio Decidendi: 1. Non-supply of documents sought by the petitioner during the departmental enquiry does not automatically vitiate the enquiry. The petitioner must show prejudice caused to him due to non-supply of documents. 2. The scope of judicial review in departmental enquiries is limited to examining whether the procedure followed was proper, fair, and reasonable. The Court cannot re-appreciate evidence or substitute its findings for those of the enquiry officer. 3. A finding of perversity can only be made if it is based on no evidence, extraneous considerations, or is so unreasonable that no prudent person would have reached it.

Final Decision: The petition was dismissed.

Judgment

Rajendra Menon, J.

( 1. ) Challenging the order of punishment - Annexure P/4 dated 15.6.1998, imposing penalty of compulsory retirement, and the order - Annexure P/6 dated 21.9.98, passed by the appellate authority rejecting the appeal of the petitioner, this petition is filed.

( 2. ) From the facts that have come on record, it is seen that in the year 1995, petitioner was working as a Field Officer in State Bank of India, Sarkanda Branch, Bilaspur. As a Field Officer it was his duty to take action for processing and evaluating the claims and cases of various persons and establishments for grant of loan and also take steps for recovery of the same. ( 3. ) On the ground of serious irregularities committed by the petitioner in the matter of discharging his duties as a Field Officer and not taking proper steps in the matter of processing and granting loan facilities to various persons and establishment, a charge-sheet - Annexure P/1 was issued to the petitioner. Petitioners reply to the same being found unsatisfactory, enquiry was ordered. On the basis of evidence and material that came on record, the enquiry officer conducted enquiry and submitted his finding, which was forwarded to the petitioner vide Annexure P/2 dated 2.1.98, asking him to give his say on the finding. Petitioner submitted his reply to the findings of the enquiry officer vide Annexure P/3 and after considering the same, the disciplinary authority by the impugned order - Annexure P/4 dated 15.6.98 imposed penalty of compulsory retirement on the petitioner in terms of the relevant rules applicable i.e.. The State Bank of India Officers Service Rules. Being aggrieved by the aforesaid penalty, petitioner preferred an appeal vide Annexure P/5 dated 30.7.98, which is rejected vide Annexure P/6 dated 21.9.98 and, therefore, petitioner is before this Court challenging the enquiry conducted, the finding recorded and the punishment imposed.

( 4. ) Before adverting to consider the contentions advanced, it would be appropriate at this stage to take note of the allegations levelled against the petitioner and the nature of imputations as contained in the charge-sheet Annexure P/1 dated 13.11.95. In all seven charges, imputation of misconduct, were alleged against the petitioner. The statement of allegations and the articles forming the charges are as under:

"STATEMENT OF ALLEGATIONS 1. Zonal Office sanctioned loans aggregating Rs.10.90 lacs to M/s. Shri Ram Metal corporation. Prop. Shri Jai Kumar Saraf under nursing programme vide their letters Nos. R/RM/II/ADV/1712 dated 8.5.87 and R/RM/II/ADV/2306 dated 13.4.88. You have committed following irregularities while the loans were made available to the unit :-

a) You have not obtained the documents in accordance with the sanction letter. b) The guarantee of Shri Babulal Soni and equitable mortgage of his house property as collateral security have been obtained. Shri Babulal Soni have been reportedly expired in 1966. You failed to notice this fact. This indicates that some fictitious person had executed the mortgage and guarantee agreements. c) Other guarantors are close relatives of the proprietor Shri Jai Kumar Saraf as such the very purpose of obtaining third party guarantee is defeated. d) You allowed over drawings in the units cash credit account. You also did not carry out periodical inspections of the unit. The outstandings of Rs.18,05,200=70 being doubtful of recovery were transferred to protested Bills Account. The DIandCGC have rejected the Banks claim. You have exposed the Bank to grave risk of loss.

ARTICLES OF CHARGES By not obtaining documents in accordance with the sanction letter, by getting the guarantee/mortgage agreements executed by fictitious person you have been grossly negligent and acted in a manner detrimental to the Banks interests and exposed the Bank to grave risk of loss. Your acts are unbecoming of a Bank official. You have contravened Rules Nos. 50(1) and 50(4) of State Bank of India Officers Se
















































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