S. B. Sinha, J. - (1.) The Appellant herein was working as a Junior Manager, Grade-I in a Branch office of the 1st Respondent-Bank, herein. On or about 29-9-1984 he is said to have misbehaved with the Regional Manager of the Bank. He was placed under suspension. Disciplinary proceedings were also initiated against him on 26-11-1984. He was found guilty of the misconduct alleged against him. On earlier occasion also, he was found guilty for misbehaviour wherefor, he had been censured. He was thereafter allowed to join his duties. The Appellant, however, despite imposition of the said penalties on him, started misbehaving with the senior officers again as also with the customers by using abusive language and passing derogatory remarks during the period 8-9-1986 to 27-9-1986. During the said period, it may be mentioned, he was posted in different branches. A disciplinary proceeding was started against him. The charges levelled against him were as under:"Katni Market Branch 1. You created an unpleasant scene and atmosphere by using unparliamentary language against the local authorities of the Branch in a calculated attempt to denigrate the said authority, which act of yours damaged/tarnished the image of the Bank. Churcha Branch 2. You disobeyed the lawful and reasonable orders of the superiors. You also crossed the boundaries of decorum and decency. You have thus acted in a manner unbecoming of an official of the Bank. 3. You disregarded the lawful instructions of the superiors. Shahdol Branch 4.(a) By your acts you have disobeyed the lawful instructions of the superiors. You also displayed gross negligence in performance of your duties. (b) By your acts you disobeyed the lawful and reasonable orders of the Bank. You also showed insubordination to the superior authorities. Your acts are unbecoming of officer of the Bank. (c) By your acts you intentionally showed insubordination to the superior authorities of the Bank. You thus acted in a manner unbecoming of an official of the Bank. (d) You created a feeling of insecurity amongst the staff members. You have acted in a manner unbecoming of an official of the Bank. Jabalpur Regional Office 5. You failed to obey the reasonable and lawful orders of the Bank and behaved in a manner unbecoming of an official of the Bank. The above charges, if proved, are tantamount to misconduct in contravention of Rules 32(1) and 32(4) and (5) of the State Bank of India (Supervising Staff) Service Rules governing our services."
(2.) One Shri R.K. Sharma, Branch Manager, having been abused and threatened to be hit by shoes by the Appellant, lodged two First Information Reports (FIR) against the Appellant pursuant whereto two cases under Section 353 of the Indian Penal Code were initiated in respect of the incidents which took place on 16-10-1986 and 23-10-1986. He was placed under suspension by an order dated 11-11-1986 by the Disciplinary Authority stating: "It has been reported that soon after your reinstatement on 16th August, 1986 on conclusion of major penalty proceedings against you, you again misbehaved with your colleagues, senior officer and also some of the outsiders and used abusive language passing derogatory remarks during your recent stay at different branches viz. Katni Market, Churcha and Shahdol branches. This has tarnished the image of the bank and resulted in your arrest by the local police on 16th October, 1986 and thereafter on 23rd October, 1986 under sections 353, 448 and 506 of Indian Penal Code. The nature and extent of the misbehaviour indicates that the established authorities of the Bank and certain other functionaries in the Regional Office and engendering indiscipline amongst the staff."
(3.) He was, however, acquitted of the charges levelled against him in the criminal proceedings by a learned Judicial Magistrate by a judgment dated 7-5-1988, inter alia, on the ground that the same could not be proved beyond reasonable doubt.;