TMI Blog2013 (1) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... thority that the list of bank’s documents was forwarded to the charged officer vide his letter dated 21.05.1997 ,27.06.1997 but the both was not responded to by the charged officer. Inspection of bank’s documents on 13.06.1997, 14.06.1997, 09.07.1997 and 10.07.1997 respectively were undertaken as instructed by Inquiring Authority & Presenting officer was also present for facilitating the inspection but the charged officer did not turn up for inspection of the bank’s documents. As 12.07.1997 was the last opportunity given to the charged officer & one more opportunity was given by the Inquiring Authority to the charged officer to submit the list of defence documents and witnesses by 19.07.1997 but the charged officer did not give any list of defence documents and witnesses and did not appear before the Inquiring Authority. On 06.11.1997, the charged officer walked out of the inquiry under such circumstances, the Inquiring Authority had no other alternative but to hold the inquiry ex parte. The Inquiring Authority and the presenting officer had followed procedures laid down under Rules 68(2)(v), 68(2)(ix)(a), 68(2)(viii) and 68(2)(xix) of the Service Rules. High Court also commit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... devotion and diligence and acted in a manner unbecoming of a Bank Official and highly prejudicial to the Bank s interest in deliberate violation of Rules 50(3), 50(4), 50(9) and 60(2) of the State Bank of India Officers Service Rules (in short the Service Rules ). 4. Altogether, 12 charges were framed against him. Charges are given under for easy reference: Charge No.1 You raised a number of spurious entries by debiting LOCL/LIT A/c at Kalpi Road Branch, Kanpur and afforded fictitious credit to the Current Account No.7/12 in the name of Shri O.S. Srivastava and Savings Bank Account No. 9095 in the name of Shri Surinder Kumar. Both the account holders were fictitious/non-existent. Although the account opening form in the case of Shri O.S. Srivastava is not traceable, it is apparent from the account opening form of Shri Surinder Kumar, that the account was allowed/authorized by you. It shows your alleged involvement in the fraud. Charge No.2 You granted and opened under your authentication Demand Loan Accounts in the name of Fictitious/non-existent persons against pledge of fictitious NSCs with a view to avail yourself the Bank s funds unauthorisedly and in an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eques. Due to the false and misleading information furnished by you to the then Branch Manager, these cheques were allowed on both the occasions. Charge No.9 Your savings bank account no. 5603 shows numerous debit/credit transactions (other than salary and allowances) which you did not explain (sic) for heavy amounts. GOVERNMENT BUSINESS BRANCH, KANPUR Charge No.10 Your Savings Bank Account No.38 with Govt. Business Branch (Kanpur) shows frequent credit transactions (both cash and transfer) other than salary for heavy amounts which you could not explain properly. Charge No.11 In your Savings Bank Account No. 38, while most of the withdrawals from the account were made by way of withdrawal forms, you got 4 cheque books issued and utilized approximately 15 cheques only. You did not advise, how the remaining cheque, were utilized. It is noticed that out of unutilized cheques, one cheque bearing no. 835524 was issued by you on 17.9.1987 favouring SBI SEE Co-op. Credit Society Ltd. Unnao for Rs.500/- on Kalpi Road (Kanpur) Branch, where no Savings Bank Account in your name existed in the books of that Branch. Thus, you have misutilised the facility, and is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The charged officer, it is seen, did not avail the opportunity and remained absent on 21.07.1997. On 06.11.1997, the charged officer walked out of the inquiry. The Inquiring Authority, however, continued and concluded ex parte on 07.11.1997. 8. We notice that the charged officer did not even choose to nominate his defence representative in spite of various opportunities given by the Inquiring Authority. The presenting officer had sent his written brief on 08.12.1997 but no written brief was sent by the charged officer. He was given time upto 14.01.1998. The presenting officer had informed the Inquiring Authority that a list of bank documents was forwarded to the charged officer vide his letter dated 21.05.1997 but the charged officer did not accept the same. The presenting officer was in fact present on 13.09.1997 and 14.06.1997 in the bank office but the charged officer did not report for the inspection of the bank documents on those days as well. The Inquiring Authority had written a letter dated 25.06.1997 informing the charged officer that the presenting officer had been instructed to forward a list of bank documents and witnesses by 30.06.1997 and get the bank s document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso noticed that the bank had failed to examine any witnesses in respect of the charges and, therefore, the findings recorded by the Inquiring Authority could not be sustained. The Court, therefore, allowed the writ petition and quashed the impugned order dated 11.03.1999 with liberty to hold a fresh inquiry. There was a further direction to the Bank to pay arrears of subsistence allowance treating the period of his absence as deemed suspension. 10. Shri Harin P. Rawal, learned Additional Solicitor General appearing for the Bank, submitted that the High Court has committed an error in interfering with the order of dismissal especially when the charged officer had an alternative remedy of appeal under Rule 69 of the Service Rules. Learned counsel also submitted that the list of bank documents for inspection had been enclosed by the presenting officer vide letter dated 21.05.1997 to the charged officer which the charged officer had refused to accept. Further, it was also pointed out that vide letter dated 30.05.1997, the presenting officer had enclosed the list of bank documents and requested the charged officer to inspect the same at the relevant branch which also the charged of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts were produced before the Inquiring Authority and the rest of the documents were permitted to be produced on 07.11.1997. On 07.11.1997, thirty four more documents were produced and marked as Ex. 51 to 84. The High Court also pointed out that no witness was examined by the Bank in support of charges and hence to hold the charges relating to Government Business Branch proved was in fact a finding supported with no evidence. 13. State Bank of India Officers Service Rules are framed in exercise of powers conferred under Section 43(1) of State Bank of India Act, 1955. Chapter XI of the Service Rules deals with conduct, discipline and appeal. Decision to initiate and procedure for disciplinary action is dealt with in Rule 68 of the Service Rules. Admittedly, the provision of Rule 68(3) had been complied with and the charged officer was given time to file objections to the charges levelled against him. The charged officer filed his reply on 29.03.1995 for the charges levelled against him. Rule 68(2)(v) says that the disciplinary authority shall where it is not the Inquiring Authority, forward to the Inquiring Authority the following documents: a) A copy of the articles of charge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that were raised before the High court of non-compliance of the procedure, could have been raised by the charged officer before the Inquiring Authority, but the same was not done and he had not co-operated with the inquiry proceedings. In the said circumstances, the Inquiring Authority was entitled to hold the enquiry ex parte as provided under Rule 68(2)(xix). 18. We are of the view that the High Court has committed an error in holding that the charge-sheet should have mentioned about the details of the documents and the names of the witnesses which the Bank proposed to examine and a list to that effect should have been appended to the charge sheet. We may point out that the charge-sheet need not contain the details of the documents or the names of the witnesses proposed to be examined to prove the charges or a list to that effect unless there is a specific provision to that effect. Charge-sheet, in other words, is not expected to be a record of evidence. Fair procedure does not mean giving of copies of the documents or list of witnesses along with the charge-sheet. Of course, statement of allegations has to accompany the charge-sheet, when required by the Service Rules. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s necessary to prove those charges. When the charged officer does not attend the inquiry, then he cannot contend that the Inquiring Authority should not have relied upon the documents which were not made available or disclosed to him. Of course, even in an ex parte inquiry, some evidence is necessary to establish the charges, especially when the charged officer denies the charges, uncontroverted documentary evidence in such situation is sufficient to prove the charges. 21. The Inquiring Authority has examined each and every charge levelled against the charged officer and the documents produced by the presenting officer and came to the conclusion that most of the charges were proved. In a departmental inquiry, the disciplinary authority is expected to prove the charges on preponderance of probability and not on proof beyond reasonable doubt. Reference may be made to the judgments of this Court reported in Union of India v. Sardar Bahadur; (1972) 4 SCC 618 and R.S. Saini v. State of Punjab and Others; (1999) 8 SCC 90. The documents produced by the bank, which were not controverted by the charged officer, supports all the allegations and charges levelled against the charged offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iry and had not raised the grounds urged by him before the High Court by the Inquiring Authority. 25. This Court in Lakshmi Devi Sugar Mills Ltd. v. Pt. Ram Sarup; AIR 1957 SC 82 held where a workman intentionally refuses to participate in the inquiry, cannot complain that the dismissal is against the principles of natural justice. Once the inquiry proceed ex parte, it is not necessary for the Inquiring Authority to again ask the charged officer to state his defence orally or in writing. We cannot appreciate the conduct of the charged officer in this case, who did not appear before the Inquiring Authority and offered any explanation to the charges levelled against him but approached the High Court stating that the principles of natural justice had been violated. 26. We are also conscious of the fact that even if the Inquiring Authority set the charged officer ex parte that would not absolve him from deciding that the charges levelled against him were proved or not. In other words, no punishment could be imposed without an inquiry. We notice in this case the Inquiring Authority had elaborately considered the charges levelled against the charged officer and also the material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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