Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE case of the petitioner is that he was appointed on 4.6.1973 as Godown Keeper-cum-clerk in the Chowk Branch of State Bank of India, Shahjahanpur. He was permanently transferred to Chandausi Branch of the same district vide order dated 9.2.1980 and was to be relieved on 16.2.80 for joining at his transferred place of posting after availing joining time etc. It is alleged that Sri Amar Nath, the then Branch Manager of Chowk Branch of State Bank of India, Shahjahanpur personally visited the place of the petitioner and informed him vide undated letter (Annexure-2 to the writ petition) that it is not possible to relieve him and also requested him to come to the Bank on 18.2.1980. Accordingly, the petitioner went to the office on 18.2.1980. THE petitioner was taken by the Branch Manager for inspection of various godowns which were under the charge of the petitioner when the godown of M/s. Shree Metal Industries was opened, it was found that some materials had been removed. The petitioner was placed under suspension vide order dated 22.2.1980. Charge sheet dated 10.8.1982 was served upon him levelling the charge that : "On the 18th February, 1980 when the Katghar (Moradabad) Branch Manager accompanied by you, checked the godown of M/s. Shree Metal Industries, Moradabad, the stocks of Patti Circles, Doll and mug valued at Rs. 88,960 were found short in your presence. The godown was under your charge and you had been conducting pledge and delivery condition. The last operations of pledge and delivery were conducted by you on the 12th February, 1980 and since that day till the 18th February, no operation was made in the godown. No indication of tampering with the godown lock or otherwise forced removed of stocks was found and obviously you in collusion with the borrowers helped them removing the stocks from godown surreptitiously." After conclusion of disciplinary proceedings, the petitioner was dismissed from service vide order dated 11.1.1985.
(3.) THE defence of the petitioner was that he was served with permanent transfer order on 9.2.1980 for being relieved on 16.2.1980 without ensuring that the charge of godown is properly handed over. Even on 16.2.1980 when he was given farewell. Sri A. N. Khanna, P.W. 2 did not indicate if he has to hand over the charge of godowns before being relieved from the Branch on his transfer order stands cancelled ; that the Branch Manager was allowing irregularities in the borrowers account since the beginning by not making proper appraisal, enhancing the limit in hurry, allowing irregular drawing without the primary security etc. ; that in view of the fact that godown keys always remain in possession of the Branch Manager, the possibility of their withdrawal without the knowledge of the godown keeper cannot be ruled out and as such the godown key register cannot be deemed to be an authenticated book ; that the Branch Manager had knowledge of shortage in the godown before hand that is why after being relieved, he was called upon to join duty on 18.2.1980 and falsely trapped and that the petitioner is in no way connected with the shortage in the godown but the Branch Manager in collusion with the borrower got the stock removed. The Enquiry Officer, did not agree with the contentions of the petitioner, in his enquiry report dated 27.4.1984 concluded that : "I do not agree with the defence contention that Sri Mohan was not informed at the time of farewell about the cancellation of his transfer orders, which was done under verbal instructions of the Branch Manager (P.W. 2) ; had it not been so why did Sri Mohan attend office on the 18th February, 1980 and marked his attendance as usual in the Attendance Register (Pex-vii) in token thereof. The responsibility of the Branch Manager cannot be linked with that of godown keeper and if the Branch Manager permitted any irregularity on the account that must be his risk and not that of the godown keeper who has to operate the godown under his charge according to instructions of the Branch Manager. The key register, page 26 (Pex 8) was found in order and properly maintained. No evidence was led to show that the Branch Manager got the stocks removed which was under the charge of Sri Mohan. I have considered evidences and arguments of both the parties and on the basis of evidences produced the allegation is conclusively proved. Sd/- Illegible (R. Chandra) Enquiry Officer Disciplinary Cases Cell, State Bank of India Lucknow, L.H.O." ;