General Manager Personnel Syndicate Bank VS B.S. N. Prasad
Banking Companies (Acquisition and Transfer of Undertakings) Act (5 of 1970) , S.19— Syndicate Bank Officer Employees (Conduct) Regulations (1976) , S.3, S.4(e), S.24— Dismissal from service – Challenge against – Allegations against delinquent that he had fraudulently withdrawn and misappropriated amount from certain accounts and also excess amount was paid to at least six customers – There was no factual dispute about correctness of illegalities and irregularities alleged in charge sheet – In view of delinquent’s admissions and fact that documentary evidence was on record, it could not be said that it was a case of no evidence – Delinquent had thoroughly cross-examined officer examined as witness – Finding of High Court that principles of natural justice were not followed, was erroneous – Misconduct alleged and proved against delinquent was of a serious nature since very high standard of conduct was expected from a branch manager of a Bank – However, penalty of dismissal was disproportionate to misconduct established against delinquent and his unblemished career for a long time – Dismissal order was set aside – Order of penalty was modified, and it was directed that delinquent shall be subjected to a minor penalty under Regn. 4(e) by reducing him to a lower stage in time scale of pay for a period of one year, without cumulative effect and not adversely affecting his pension.
Judgment of Division Bench of High Court-Partly ReversedAIR 2005 SC 584-Followed(Paras21222425)
