- (1.) The appellant/writ petitioner herein was a Clerk in the State Bank of India (hereinafter referred to as SBI). The appellant/writ petitioner while discharging his duty as Clerk was placed under suspension by an Order dated 18th May, 2005 followed by a charge-sheet issued on 16th February, 2006 containing 26 articles of charges. The appellant/writ petitioner categorically denied all charges levelled against him by filing reply, as a result thereof on 31st March, 2006 Enquiry Proceeding was initiated. Enquiry Officer after holding the enquiry submitted report on 19th September, 2006. The appellant/writ petitioner was granted opportunity to submit reply on the findings of the Enquiry Officer.
(2.) The Disciplinary Authority issued the final Order of punishment thereby removing the said appellant/writ petitioner from service on 2nd January, 2007. Being dissatisfied with the said Order of punishment the appellant/writ petitioner preferred a statutory appeal. The same was also turned down by an Order dated 8th August, 2007. During pendency of the writ petition the appellant/petitioner brought on record the entire enquiry proceeding by way of affirming a supplementary affidavit. The appellant/ writ petitioner by assailing the disciplinary proceedings initiated on the basis of the alleged charge-sheet dated 16th February, 2006 (containing 26 charges) Order of Disciplinary Authority as well as the Order of Appellate Authority dated 8th August, 2007 filed a writ petition being WP No.1801 of 2008 before this Hon'ble Court. Learned Single Judge on 22nd August, 2014 dismissed the said writ petition holding inter alia that interference with the Order of punishment is permissible in very rare cases. In the instant case, the punishment is not so disproportionate to the established charge, which warrants any interference by the Hon'ble High Court to exercise its power under Article 226 of the Constitution of India.
(3.) Challenging the said Order the appellant/writ petitioner preferred the instant appeal.;