TMI Blog2005 (8) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... er and the absence of any loss to the bank. - Civil Appeal No. 5364 of 2005 - - - Dated:- 31-8-2005 - ARIJIT PASAYAT ARUN KUMAR JJ. JUDGMENT ARIJIT PASAYAT, J. : Leave granted. The State Bank of India and its Regional Manager, Region-II, Calcutta, Deputy General Manager, Zonal Office and Branch Manager, Berhampore Branch, question correctness of the judgment rendered by a Division Bench of the Calcutta High Court holding that continuation of the proceedings initiated against Shri Snigdha Kanti Bagchi (hereinafter referred to as the `employee') after the data of his superannuation was illegal without jurisdiction. The said employee had filed a writ petition where the present appellants and the Union of India, Secretary, Min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try was made. On 9th April, 1985 by four withdrawal slips money was withdrawn. Similar was the position on another date. A hand-note was executed in favour of the account-holder. Cheques for re-payment of the amounts collected were issued which were dishonoured. This happened on five occasions. According to the Bank the acts committed constitute individually and collectively gross misconduct as defined in paragraph 521(4)(j) of the Sastry Award as retained by the Desai Award. This also constituted moral turpitude as laid down in paragraph 521(1) of the aforesaid Awards. In the charge-sheet it was indicated that if established punishment as laid down in paragraph 521(5) of the aforesaid Awards i.e. dismissal without notice can be imposed. Du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f dismissal was passed during the extended period of service. The employee had participated in the proceedings and at no point of time had questioned legality of the departmental proceedings. In fact, after the extension the employee had accepted subsistence allowance during the period enquiry was in progress. Show-cause notice was issued indicating proposed punishment. In reply request was made only for imposition of lighter punishment. Therefore, it was not open to the learned Single Judge and the Division Bench to hold that the order of dismissal was bad. It was pointed out that Para 11.1. of Chapter XI of the All India State Bank Staff Federation Agreement at the relevant time was in operation and the same reads as follows : "In suppr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was a specific provisions to the effect in the relevant rules. Decision in A.N. Gupta's case (supra) was considered in State Bank of India v. C.B. Dhall, [1998] 2 SCC 544. It was noted that Rules 20-A and 20-B were introduced by State Bank of India (Supervising Staff) Service Rules, 1975 (for short `Service Rules') which postulate continuation of departmental proceedings even after an employee ceases to be in the Bank's service. This was introduced w.e.f. 1.4.1977. They read as follows: "20-A. Notwithstanding anything to the contrary in these rules, no employee who has ceased to be in the Bank's service by the operation of, or by virtue of, any rule, shall be deemed to have retired from the Bank's service for the purpose for the Imperia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appoint such number of officers, advisers and employees as it considers necessary or desirable for the efficient performance of its functions, and determine the terms and conditions of their appointment and service. (2) The officers, advisers and employees of the State Bank shall exercise such powers and perform such duties as may, by general or special order be entrusted or delegated to them by the Central Board." Section 43 empowered the state Bank to determine the terms and conditions of the appointment and service of its officers and employees. These officers and employees exercise such powers and perform such duties as may be entrusted or delegated to them by the Central Board or the State Bank. Section 50 of the State Bank of Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... als with money of the depositors and the customers. Every officer/employee of the Bank is required to take all possible steps to protect the interests of the Bank and to discharge his duties with utmost integrity, honesty, devotion and diligence and to do nothing which is unbecoming of a Bank officer. Good conduct and discipline are inseparable from the functioning of every officer/employee of the Bank. As was observed by this Court in Disciplinary Authority-cum-Regional Manager v. Nikunja Bihari Patnaik, [1996] 9 SCC 68, it is no defence available to say that there was no loss or profit resulted in case, when the officer/employee acted without authority. The very discipline of an organization more particularly a bank is dependent upon of i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
