PARTHA BANERJEE Vs. STATE BANK OF INDIA AND ORS.
LAWS(CAL)-2010-7-167
HIGH COURT OF CALCUTTA
Decided on July 19,2010

Partha Banerjee Appellant
VERSUS
State Bank of India And Ors. Respondents

JUDGEMENT

T. Sen, J. - (1.) The Court: Normally this Court does not interfere with the orders of suspension, but in this case this Court notices that the show -cause Notice dated 22nd April, 2010 was specific as it had listed the charges which are as follows: i) That you are a staff of State Bank of India, Burra Bazar Branch, is not mentioned anywhere in the proposal; ii) IT returns along with capital A/c Form -16 was not submitted by iii) In your Bio -data form you have not mentioned the major source of your income.
(2.) By reason of the said Notice, the following misconducts were also specified: i) You have provided guarantee without any prior sanction of administrative approval of the Competent Authority in the A/c of M/s Shivam Enterprise ( A/c No. 30777518458 ) at our Mankundu Branch. ii) You have furnished your Bio -data as guarantor of M/s Shivam Enterprise without mentioning that you are a staff member of Bank which tantamounts to suppression of fact. iii) Being associated with Smt. Sukanya Banerjee as well as the Bank, you are well aware that the A/c of M/s B.S. Enterprise was NPA since 25.12.2008. However, this fact was suppressed by you as you have, though an affidavit submitted that the borrower of M/s Shivam Enterprise was not a defaulter in any loan in any Bank as on 15.01.2009.
(3.) However, after the Petitioner filed his Reply on 7th May, 2010, the Bank on its part suddenly issued the impugned order of suspension in which they specified charges against the Petitioner to the effect that he had committed gross misconduct by engaging in trade or business outside the scope of his duties and indulging in acts prejudicial to the interest of the Bank which were likely to cause serious loss to the Bank.;


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