- (1.) MAHESHWAR Ram, respondent no. 1 was employed as clerk in the State Bank of India. While posted at Hatia Branch of the Bank in the year 1975 he was placed under suspension in contemplation of a departmental proceeding, wherein he was subsequently awarded punishment of stoppage of two increments on 11.9.1976. However, on 1.11.1981 he was promoted to the post of Teller. Again while he was posted as a Teller in Gumla Branch of the Bank, on the charges of gross disobedience and disorderly behaviour with his superiors another departmental proceeding was initiated and enquiry was held, wherein his special allowance was permanently withheld. Thereafter, on 2.12.1992, while working as Teller in Gumla Branch of the Bank, he was alleged to have abused the Branch Manager in very vulgar langauge and as such on the direction of the superior authorities, third departmental proceeding was initiated against him wherein following charges were framed : "Charge No. 1 : That while submitting your written statement dated 23.11.1992 in response to the show cause notice No. DGM/DPS/R/GENL/ 96 dated 8.11.1992, you have used extremely derogatory language against your Superior authority, i.e. the Assistant General Manager, Region, I, in paragraph 2 of your letter under reference. The language used by you is as follows : "You are blind and you have taken whimsical decision. The Enquiry Officer is a Bengali and the Disciplinary Authority is also a Bengali, hence both have connived to vindicate me. There is no rule in the Bank and your whims is the rule. I have no faith in the Bank management etc." Not oniy this, in para -3 of your aforesaid letter dated 23.11.1992, you have gone to the extent of levelling malicious allegation to the highest authorities of the Bank in the following words "You are requested to inflict capital punishment on me and my whole salary should be snatched away and it should be given to S/Shri Sitaram, M.N. Goiporia and C.L. Khemani etc. for needful, which will be, in tune with your whims". Thus your above act of use of extremely derogatory language against your superior authority including the highest authority of the Bank, is highly prejudicial to the interest of the Bank. Charge No. II : "That on 2.12.92, while you were working as Teller at our Gumla Branch, around 12.00 Noon you entered into the chamber of the Branch Manager, Gumla Branch. You abused and threatened the Branch Manager, Shri U.K. Mitra in the following words "Ham Kaya Bole Hain Re Shala Chotta : Turn Kaya Samajhte Ho Re Branch Manager Apne Ko, Tumko Shala Ham Phad Denge Sab Badmasi Khatam Kar Denge." You further threatened and abused Shri U.K. Mitra, Branch Manager, Gumla Branch while leaving his chamber in the following words "Shala Chor Haramzada, Dalal, Tum Badmasi Karte Ho, Tumhara Ham Gand Phard Denge Jab Se Aaye Ho Badmasi Karte Ho." You have, thus displayed riotous disorderly and indecent behaviour in the premises of the Bank."
(2.) IT was found that there was no violation of principles of natural justice and adequate opportunity of hearing was given to the respondent no. 1 and taking into consideration the gravity and seriousness of the charges, his dismissal from service was assessed to be appropriate punishment and he was dismissed from service on 1.12.1995 in terms of para 521(5)(a) of Sastri Award as retained in Desai Award and as added in bipartite agreement dated 31.10.1979. Against the order of dismissal, statutory Appeal was filed which was dismissed. It was observed that for his conduct he was punished twice, but he could not control himself and again committed riotous behaviour inside the bank premises and repeatedly used extremely derogatory language in writing against the superiors, including the higher authorities of the bank which was highly derogatory.
(3.) RESPONDENT no. 1 challenged those orders in this Court vide CWJC No. 1820 of 1996 (R), which was heard and allowed by the learned Single Judge by impugned order dated 23rd September, 2002 [reported in 2002 (3) JLJR 609] and the order of his dismissal from service was set aside and the matter was remitted to the Disciplinary Authority with a direction to reconsider the question of quantum of punishment of dismissal from service and to pass fresh order of punishment which must not be disproportionate to the charges levelled against him taking inito consideration the observations made in the judgment. The State Bank of India has, therefore, filed the present Appeal against the said order.;