MANOJ KUMAR v. THE G.M.,S.B.I.,PATNA & ORS
Case at a glance
- Decided
- 27 Mar 2009
- Bench
- NAVIN SINHA
Outcome
Dismissed
The writ application is dismissed
Judgment
is reasoned. It considers appropriately the grounds raised in appeal and then discusses them in context of the evidence available on record. It also notices the money receipts issued by the petitioner when the defence witnesses were deposing against their previous written statements and documentary evidence. Applying standards of preponderance probabilities the order of punishment required no interference. The law with regard to departmental proceedings stands well codified by repeated judgements. This Court required examine 4 procedural fairness in the decision making process. Naturally such decision shall take within its ambit a fair opportunity to defend, disclosure of all materials sought to be relied upon against the delinquent and a reasoned order. The petitioner himself has chosen not to bring on record the enquiry report. The disciplinary authority and the appellate authority have in detail discussed the substance of the enquiry report.
The petitioner was a person holding cash duties in a bank, in the position of a trustee of the money of the customers. The appellate order takes note of the conclusion of the disciplinary authority that he is a person of doubtful integrity and unfit to be retained in the service of the bank. The standard of duty of a bank official holding the position of trust with regard to the money of the account holder and the strict standards that shall be applied to them has been laid down by the Supreme Court in the case reported in (2008) 8 S.C.C. 92 ( STATE BANK OF INDIA AND OTHERS Versus S.N. Goyal ) holding at paragraph-41 as follows, of the higher responsibilities of a bank official dealing with the money of customers:- “41. At the relevant point of time the respondent was functioning as a Branch Manager. A bank survives on the trust of its clientele and constituents. The position of the 5 the bank or Manager of a bank is a matter of great trust.
Operative part
The employees of the bank in particular the Manager are expected to act with absolute integrity and honesty in handling the funds of the customers/borrowers of the bank. Any misappropriation, even temporary, of the funds its customers/borrowers constitutes a serious misconduct, inviting severe punishment. When a borrower makes any payment towards a loan, the Manager of the bank receiving such amount is required to credit it immediately to the borrower’s account. If the matter is to be viewed lightly or leniently it will encourage other bank employees to indulge in such activities thereby undermining the entire banking system. The request for reducing the punishment is misconceived and rejected.” This Court, in the facts and circumstances of the case, is satisfied that there is no infirmity either in the departmental proceeding or the order of the disciplinary authority and the appellate authority requiring interfering by this Court. This Court shall not sit as an appellate authority to reappraise the evidence before the enquiry officer on the basis of which findings have been arrived at. The writ application is dismissed. KC ( Navin Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ application is dismissed
Which court decided this case, and when?
Patna High Court, on 27 Mar 2009. The bench was NAVIN SINHA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.