The main legal point established in the judgment is that overdrawal from the current account beyond the sanctioned limit constitutes gross misconduct under the Memorandum of Settlement dated 10.04.2002.

S.C. Das, J.

By filing this writ petition, the petitioner, inter alia, prayed for setting aside and/or quashing final order of punishment dated 25.09.2010, issued by respondent No.2, the disciplinary authority, dismissing him from service and also prayed for reinstating him in the service as Senior Assistant under the respondent No.1.

2. Heard learned counsel, Ms. S. Debgupta for the petitioner and learned counsel, Mr. S. Dutta for the respondents.

3. The petitioner was working as a Senior Assistant, attached with Kunjaban Branch of State Bank of India (for short ‘SBI’) at Agartala. He was availing overdraft facility to the tune of Rs.3,00,000/in connection with his Current Account No. 10221182291. During the period from September, 2005 to June, 2006, the petitioner resorted to overdrawal from his current account and as on 28.06.2006 the balance in his overdraft account stood at Rs.16,36,329.32. It is contended by the petitioner that after the overdrawal was noticed, with the permission of the respondent-Bank, on 03.07.2006 the overdraft account was brought within its limit. It is further contended by the petitioner that on 24.01.2007, the Branch Manager of Kunjaban Branch of SBI lodged an FIR against petitioner alleging criminal offence by way of overdrawal and that FIR was registered as East Agartala P.S. Case No.19 of 2007, which was subsequently registered as G.R. No.84/2007 under Section 409 of IPC. A copy of the FIR is annexed as Annexure1 to the writ petition. Thereafter by Memo dated 09.07.2007 (Annexure-2 to the writ petition) a show cause notice was issued proposing a disciplinary proceeding against the petitioner for gross misconduct on the following article of charges :-

“SHOW CAUSE NOTICE

It is alleged that while working as Senior Assistant at Kunjavan Branch during the period from 01.09.2005 to 03.07.2006 certain irregularities of serious nature have been observed in your activities.

You are, therefore, charged as under :

CHARGE 1

You have fraudulently withdrawn an excess amount of Rs. 13,36,329.32 from your personal overdraft account (No.1022118229) against sanctioned limit of Rs.3.00 lacs maintained at Kunjavan Branch over a period of time.

CHARGE 2

You have posted the following debit/credit transactions on various dates into your personal overdraft account (No.1022118229) under your own ID & Password:-

Date	Amount	Date	Amount
05.09.2005	Rs.2000	06.01.2006	Rs.9000
14.09.2005	Rs.2000	07.01.2006	Rs.2000
27.09.2005	Rs.4000	09.01.2006	Rs.6000
06.10.2005	Rs.4000	10.01.2006	Rs.32000
08.10.2005	Rs.2500	12.01.2006	Rs.10000
13.10.2005	Rs.5000	14.01.2006	Rs.2000
15.10.2005	Rs.3000	16.01.2006	Rs.5000
21.10.2005	Rs.10000	18.01.2006	Rs.10000
31.10.2005	Rs.7000	25.01.2006	Rs.7000
31.10.2005	Rs.8000	27.01.2006	Rs.3000
03.11.2005	Rs.3500	28.01.2006	Rs.5000
07.11.2005	Rs.2500	02.02.2006	Rs.13000
		04.02.2006	Rs.10000
10.11.2005	Rs.8000	07.02.2006	Rs.4000
14.11.2005	Rs.9000	08.02.2006	Rs.10000
17.11.2005	Rs.3000	10.02.2006	Rs.10000
19.11.2005	Rs.3000	13.02.2006	Rs.10000
20.11.2005	Rs.7000	15.02.2006	Rs.12000
28.11.2005	Rs.5000	16.02.2006	Rs.15000
28.11.2005	Rs.75000	17.02.2006	Rs.6500
31.12.2005	Rs.10000	20.02.2006	Rs.6500
04.01.2006	Rs.8000	02.05.2006	Rs.15000
24.02.2006	Rs.10000	03.05.2006	Rs.15000
25.02.2006	Rs.13000	04.05.2006	Rs.25000
28.02.2006	Rs.13000	05.05.2006	Rs.6000
03.03.2006	Rs.12000	06.05.2006	Rs.6000
09.03.2006	Rs.30000	27.05.2006	Rs.30000
11.03.2006	Rs.10000	29.05.2006	Rs.10000
13.03.2006	Rs.30000	03.06.2006	Rs.30000
18.03.2006	Rs.99000	05.06.2006	Rs.10000
18.03.2006	Rs.99000	10.06.2006	Rs10000
18.03.2006	Rs.30000	13.06.2006	Rs.40000
24.03.2006	Rs.30000	15.06.2006	Rs.14000
10.04.2006	Rs.25000
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