Decided on February 13,2018

Chenu Boro W/O Arobinda Boro Appellant
State Bank Of India And Ors Respondents


Hrishikesh Roy, J. - (1.) Heard Mr. P. Kataki, the learned 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.) Initially this case was filed by Arabinda Boro (hereinafter referred to as 'the delinquent'), who as a Senior Assistant of the SBI, faced disciplinary proceeding and was dismissed from service on 19.6.2008 (Annexure-X). When the delinquent died on 20.11.2011, the litigant's wife was allowed to be substituted on 16.9.2014, through the Misc. Case No.2704/2013.
(3.) The charge memo dated 6.6.2007 (Annexure-VII) was issued to the delinquent with the following three charges: "....................................... i) You had withdrawn a total amount of Rs,2,32,000/- (Rupees two lacs thirty two thousand only) from the Savings Bank Account No.01190006802, pertaining to Smt. Jamuna Boro, maintained at our Dadara Branch on different dates during the period from 08/06/2006 to 23/11/2006 fraudulently and had misappropriated the amount. ii) While you had withdrawn an amount of Rs.2,00,000/- from the above account on 08/06/2006 by making four (4) entries of Rs.50,000/- each in the system without any withdrawal slip (debit voucher), you had made the following transactions in the account by preparing vouchers (withdrawal slips) as well as deposit vouchers and putting through the same in the system and embezzled another amount of Rs.32,000/- without the knowledge of the account holder: JUDGEMENT_13_LAWS(GAU)2_2018_1.html iii) You had withdrawn an amount of Rs.30,000/- (Rupees thirty thousand only) fraudulently from the SB Account No.01190006802 of Smt. Jamuna Boro, maintained at the Branch on 07/11/2006. While updating the passbook Shri Madhav Boro, son of Smt. Jamuna Boro, on 23.11.2005 had noticed the above debit entry and brought it to your notice, you had immediately prepared a credit voucher of Rs.30,000/- and entered it in the system and got the passbook updated and showed it to Shri Boro stating that the amount was erroneously debited to the above account which you had rectified. But after his departure, you had again debited the account with Rs.30,000/- by preparing a fictitious withdrawal slip. Thus you had misused the power delegated to you by the Bank as Single Window Operator .......................................";

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