CHAMPAK BORTHAKUR S/O PROMOD CH BORTHAKUR Vs. STATE BANK OF INDIA AND ORS
LAWS(GAU)-2018-2-27
HIGH COURT OF GAUHATI
Decided on February 20,2018

Champak Borthakur S/O Promod Ch Borthakur Appellant
VERSUS
State Bank Of India And Ors Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. P. Pathak, the learned senior counsel appearing for the petitioner. The respondent State Bank of India (SBI) and their officers are represented by Mr. S.S. Sharma, the learned senior counsel.
(2.) The petitioner is a former Senior Assistant of the Jorhat Branch of the SBI and the challenge here is to the order of removal from service with superannuation benefits, passed on 26.5.2009 (Annexure-13), by the disciplinary authority of the SBI. The resultant Appeal was dismissed on 28.8.2009 (Annexure-14), by the Appellate Authority and this order is also challenged by the delinquent.
(3.) The disciplinary proceeding was initiated against the Bank employee with the show cause notice dated 7.7.2008 (Annexure-4), where, the following statement of allegations were leveled against the delinquent: "Allegation I On 29.12.2007, you have received a sum of Rs.89,500/- for crediting the amount to Savings Bank Account No.10253821649 of Canteen Store Deptt. Fund Acct. No.03 MGAR and you have handed over the counterfoil under your signature during normal course of business. But you did not account for the amount in the books of the Bank and did not deposit the amount into the customer's account on the same day. You hve deposited the said amount into SB account No.10253821640 of Canteen Store Deptt. Fund Acct. No.03 MGAR on 01-01-2008. Thus, you have misappropriated the above money with an ulterior motive, as the amount was not account for in the bank's books on the day of deposit by the depositor. Thus you had misused the power delegated to you by the Bank as Single Widow Operator. Allegation II 1. On 11-01-2008, you have received Rs.1,24,700/- for crediting the amount to Savings Bank Account No.10253821649 of Canteen Store Deptt. Fund Acct. No.03 MGAR you have handed over the counterfoil under your signature during normal course of the business. But you have no credited the amount to the account on the same day. You have deposited the said amount to the customer's account on 06-03-2008 only when the depositor complained and your misdeed was exposed. Thus, you have misappropriated the above money with an ulterior motive, as the amount was not account for in the bank's book on the day of deposit by the depositor. Thus you had, misused the power delegated to you by the Bank as Single Window Operator. 2. By your above acts, you have violated the laid down institutions of the Bank and acted in a manner which is not only prejudicial to the interest of the Bank, but have also tarnished the image of the Bank before public, the Bank customer in general and the depositor Canteen Store Deptt. Fund Acct. No.03 MGAR in particular. Such deliberate acts of dishonesty with ulterior motive of yours render your liable for initiation of disciplinary action. 3. These acts of commission on your part, if proved, would amount to gross misconduct under the provision of Para-5(d) and para 5 (j) of Memorandum of Settlement of Disciplinary Action and Procedure for Workmen Staff dated 10-04-2002. You are, therefore, advised to show cause within 7 (seven) days form the receipt of this memorandum as to why disciplinary action should not be initiated against you. In case you fail to submit your explanation within stipulated time, it will be construed that you have no explanation to offer and accepted the charges as correct and further necessary action would be taken without any further reference to you. 4. Meanwhile, please return the duplicate of his memorandum duly acknowledged by you under your full signature with date in token of having received the original ...";


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