Decided on April 13,2021

Gourisankar Chakraborty Respondents


Akil Kureshi, J. - (1.) This appeal is filed by the State Bank of India to challenge the judgment of the learned Single Judge dated 3rd December, 2019 passed in WP(C) No.46/2015.
(2.) Brief facts are as under : Respondent herein original petitioner was employed by the State Bank of India as a Middle Management Officer Grade Scale - II (M.M.G.S - II). The Bank issued a charge sheet dated 11th May, 2012 to the petitioner alleging that 'while you were posted as Deputy Manager of the State Bank of India, Agartala Brach from September, 2009 onwards, you committed some serious irregularities. You fraudulently siphoned-off bank's funds by debiting Bank's BGL accounts and credited to several fictitious accounts apart from your own accounts. Thus, you have defrauded Bank to the tune of Rs.48.14 lacs. You did not discharge your duties with utmost integrity, honesty, devotion and diligence and acted against the interest of the Bank. You have failed to discharge your duties in the desired manner as per Bank's extant norms/instructions and have displayed conduct unbecoming of an officer. Thus you have violated Rule 50(1) and 50(4) of SBI Officers Service Rules which are applicable to you. Statement of imputation of lapses on the basis of which the aforesaid charges are framed are furnished in the attached Annexure II and the list of documents/witnesses on which the Bank would rely upon to prove the charges are given in Annexure - II.'
(3.) Along with the charge sheet a statement of irregularities/lapses committed by the petitioner when he was posted as a Deputy Manager, State Bank of India, Agartala Branch was annexed. This document contained as many as 18 different allegations. 16 allegations pertained to different instances of defalcation of Bank funds by the petitioner. 17th allegation was that the petitioner had retained several Bank securities in his custody with mala fide intentions and the last allegation was that by above acts he had acted beyond his powers and thus, caused a loss of 48.14 lakhs to the Bank.;

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