Narayan Shukla, J. - (1.) Heard Mr. Kapil Dev, learned Senior counsel assisted by Mr. Ashwani Kumar, learned counsel for the petitioner as well as Mr. Lalit Shukla, learned counsel for the respondent -Bank and Mr. Shailendra Singh Chauhan, learned counsel for the opposite party No. 8.
(2.) The petitioner while posted as Branch Manager at Tandaur Branch of the State Bank of India sanctioned the loan under SCP (Special Component Plan) & SLRS (Scheme for Liberation and Rehabilitation of Scavengers) schemes to purchase the goats and pigs in which some irregularities were reported, on account of which a disciplinary proceeding to impose a major penalty was initiated against him, in furtherance of which a charge -sheet dated 27 March, 1998 was issued to him containing three charges. The charge No. 1 was to defraud the Government Subsidy and/or marginal money. The charge No. 2 was that petitioner had colluded with the Village Development Officer, Veterinary doctors, insurance company agents as well as borrowers of goats and pigs who misappropriated the Government subsidy and/or margin money. The charge No. 3 was with regard to dereliction of duty committed by the petitioner.
(3.) The learned Senior Counsel Mr. Kapil Dev, appearing for the petitioner has submitted that there was no charge levelled against the petitioner for loss of money. The petitioner denied all the charges before the Inquiry Officer; during the course of inquiry the petitioner submitted a list of documents required for defence, he was assured to be made available some documents on the next date, but only few documents were supplied and remaining documents were not supplied to him even till conclusion of inquiry. He drew attention of this Court towards the Regulation 6(11) and (12) of the Discipline and Appeal Regulations. Regulation 6(11) reads that 'Inquiring Authority shall, on receipt of the notice for the discovery or production of the documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the documents on such date as may be specified.';