REGIONAL MANAGER AND DISCIPLINARY AUTHORITY STATE BANK OF INDIA HYDERABAD Vs. S MOHAMMAD GAFFAR
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
REGIONAL MANAGER AND DISCIPLINARY AUTHORITY,HYDERABAD
Click here to view full judgement.
D. Raju, J. -
(1.)Special leave granted.
(2.)The respondent herein has joined the service of the State Bank of India in the year 1967 as a Clerk. When he was serving as such in Kurnool Bazar Branch, Kurnool, disciplinary proceedings were initiated against him and he was placed under suspension on 11-7-1975 followed by a charge-sheet issued on 23-10-1975 framing four charges. Since in respect of some of the charges, namely 1, 3 and 4, criminal proceedings were also launched and as a sequel to the acquittal of the respondent by the Criminal Court, which was affirmed by the Appellate Court also, no further inquiry was held in respect of those charges framed in the departmental proceedings. Thereafter, another charge-sheet dated 19-10-1985 was issued against the respondent containing two charges, one of which related to the earlier departmental proceedings. The respondent was placed again under suspension w.e.f. 26-10-1985. When the criminal proceedings, noticed above, relating to the earlier set of charges were pending, the respondent came to be appointed as Head Clerk on 5-4-1983, which subsequently came to be also regularized w.e.f. 25-10-1983. It may be pointed out at this stage that such appointment as Head Clerk came to be made in the light of certain orders passed by the High Court in a writ proceedings and it was so done subject to the condition that the promotion of the respondent would be subject to the result of the domestic inquiry and also the appeal against the acquittal, which was at that time pending before the Court.
(3.)While matters stood thus, the departmental inquiry was held into the two charges, which read as follows :-
"1. It is alleged that you have surreptitiously taken into your possession the draft bearing No. BB.255680 dated 19-2-1973 for Rs. 500/- issued by Kurnool Bazar Branch on Hyderabad in favour of Syed Abdul Quayyum Hussain Sahib and encashed the same on 2-3-1973 by forging the payee's signature.
2. It is further alleged that during March, 1981, when you were working as a Clerk in the establishment section, you prepared the establishment register and included unauthorisedly three increments for yourself pertaining to the years 1976 to 1978, the period during which you were under suspension and drawn the increments although you are not entitled for the same as per the reinstatement order served on you on 6th October, 1978."
The Inquiry Officer held both the charges to have been proved. Thereupon, the Disciplinary Authority, though proposed to inflict the punishment of discharge from the Bank service as provided in Paragraph 521(5)(e) of the Sastry Award read with paragraph 18.28 of the Desai Award by his Notice dated 17-6-1987, on a consideration of the explanation and taking a lenient view, modified the proposed punishment of discharge from the Bank service into one of Withdrawal of Special Allowance (Head Clerk Allowance) as provided in Paragraph 521(5)(f) of the Sastry Award read with Paragraph 10.26 of Desai Award and passed final orders accordingly on 31-3-1988. The appeal filed by the respondent against the same did not meet with success. Thereupon, Writ Petition No. 13011 of 1988 came to be filed to quash the same.
Copyright © Regent Computronics Pvt.Ltd.