- (1.) This Writ Petition is directed against the charge-sheet dated 23.11.2004 issued by the Assistant General Manager, State Bank of India (Respondent No. 3) initiating Departmental proceedings against the Petitioner. The Writ Petition also seeks to challenge the Report of the Inquiry Officer as well as the Order of dismissal passed on 8.3.2007 (Annexure-P/22) and the Order passed on 31.5.2007 by the Deputy General Manager (Respondent No. 2) (see pages 168 to 170) confirming the Order of punishment and rejecting the Appeal.
(2.) It is apparent from the documents brought on record that the Petitioner, while posted in the Bill Section of N.S. Road Branch, Kolkata committed certain irregularities and the gist of the same, as taken from the charge-sheet, are as follows :- i) He opened a CA A/c No. 1554 on 1.7.1988 at the Corporation Bank, Dharamtala Street, Kolkata in the name of M/s. United Engineering Company. While opening the said account he put his signature as HP Singha, the Proprietor of the said Firm in all places of the account opening form and signature card. The charge-sheet alleged that he put his signature fictitiously and operated the said account as HP Singha. This, according to the charge-sheet issuing authority was confirmed by the handwriting expert and as per Report of the CBI. ii) He deposited 5 bills for collection at the Corporation Bank, Dharamtala Branch and which were drawn on different drawees of Dhanbad. Those bills were sent to the SBI, N.S. Road Branch for collection and subsequently the said SBI sent the bills to SBI Dhanbad for realization. In the meantime, two debit transfers amounting to Rs. 1,60,000/- and Rs. 2,48,300/- dated 12.8.1988 and 23.8.1988 were forwarded by the SBI Dhanbad Branch and they were received at the NS Road Branch, Kolkata against Bill Nos. B/362 and B/375. It was alleged that the Petitioner prepared two Banker s cheques of Rs. 1,59,353/- and Rs. 2,47,297/- against those fraudulent TRs. and sent them to the Corporation Branch, Dharamtala for credit in the account of M/s. United Engineering Company. Within a few days of the amounts being credited, he withdrew almost all the money from the said account. iii) The third allegation was that the Petitioner had done all this with the active connivance of one Sri S.K. Boral, an officer of the SIB Division of the NS Road Branch who had signed all the fictitious TRs and as was confirmed by the handwriting expert as well as by the CBI in their report.
(3.) On the basis of the aforementioned irregularities, the Disciplinary authority stated that the Petitioner was prima facie liable for having committed acts of grave misconducts under para-5 (j) of the Memorandam of Settlement dated 4.10.2002. He accordingly directed the Petitioner to submit a reply within 15 days.;