LT.CDR.SANJAY BARAI Vs. STATE BANK OF INDIA, PANAJI-GOA AND ANOTHER
HIGH COURT OF BOMBAY (AT: GOA)
STATE BANK OF INDIA, PANAJI-GOA AND ANOTHER
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ANOOP V.MOHTA, J. -
(1.) Rule. Heard forthwith by consent of the learned counsel appearing for the respective parties. Shri I. Agha, learned counsel waives service on behalf of respondent no.2.
(2.) The petitioner has prayed for setting aside the disciplinary proceedings initiated vide Memorandum dated 30/01/2017 and further to consider his resignation application dated 16/01/2017 and to relive so as to enable him to take other assignment, if any. The contesting respondent by affidavit-in-reply resisted the claims of the petitioner. By an additional affidavit, the petitioner has reiterated his prayers by placing on record more documents in support of his contentions.
(3.) The relevant Rule 20(2)(b) of the State Bank of India Officers Service Rules, 1992 and Explanation as read and referred to by the parties and as necessary to decide the issue is reproduced as under:-
"20(2)(b) Disciplinary proceedings shall be deemed to be pending against an officer for the purpose of this rule if he has been placed under suspension or any notice has been issued to him to show cause why disciplinary proceedings should not be instituted against him or where any charge-sheet has been issued against him and will be deemed to be pending until final orders are passed by the competent authority.
Explanation : A show cause notice or order of suspension or charge-sheet shall be deemed to have been issued prior to or during the period of notice, if it has been signed by the authority empowered in this behalf under the rules and put on a course of transmission prior to or during the said period whether or not it was actually received by the officer." ;
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