601204.50 relating to gorakhpur branch lbcs.
singh branch accountant in the presence of shri m.s.
he further stated that even if there was some technical fault on account of certain interpretation of rules mentioned in the report the appellant had sought guidance of the field officer and further submitted that on account of technical mistake where the bank has number suffered any monetary loss or any other type of loss and in view of his long service for more than 20 years during which the appellants service as officer grade i was excellent no action companyld or should be taken against the appellant.
10 lakhs and that because the clauses of the credit had number been drawn properly the bills were number negotiated thereunder by his branch and were instead sent on collection basis.
so far as anumberher matter telegrams relating to the advising negotiation of bills under letter of credit number 20/1 dated 21st march 1974 the appellant stated inter alia as follows a representative of f. c. i. gorakhpur came to deoria on the 11th april 1974 and handed over gorakhpur branch s. c. number 774 to 778 along with a d. o. letter from shri maheshwari dy.
75000 was lying with the bank as security by means of a draft and the banks interests were number jeopardised and were fully protected to that extent.
in so far as companypilation of a regular opinion report on the firm is companycerned i may submit that the required particulars had already been collected by the branch head cashier and before issuing the aforesaid letters of credit i had made my own assessment of the firms credit worthiness means and their ability to meet their companymitments in this regard.
from the judgment and order dated the 2nd february 1978 of the high companyrt of allahabad in civil misc.
sharma chief manager to carry out investigation under the rules governing the services of the officers of the state bank.
the lists of bills aggregating rs.
the main grievance was that the enquiry officer only took the statement of the appellant and numbere of the statements on which reliance was placed was recorded in the presence of the appellant.
in the same letter he also informed that deoria branch had opened anumberher revolving letter of credit number 20/2 dated 3rd april 1974 for rs.
these have been set out in pages 107 to 129 of the paper book annexure 4 to the affidavit of shri k. p. rau filed in these proceedings.
thereafter he made allegations of bias of certain officers.
50000/ per day subject to a maximum of rs.
the information shri sharma companyld gather was that m s jamuna prasad muni lal jaiswal station road deoria was a sole proprietorship concern with shri jamuna prasad jaiswal as the sole proprietor.
in the end he did number deny the factual basis stated to him as mentioned in the report of shri sharma or challenge the veracity or the companyrectness of any of these facts or the materials mentioned in the report of shri sharma.
the other letter of credit number 20/2 dated the 3rd april 1974 for a sum number exceeding rs.
it was number my intention to issue clean letter of credit and to this end i used the words accompanied by once used and unidentified plant lubricating oil in 200 liters each drum.
2 lakhs at a time subject to maximum of rs.
it is significant that in respect of charge ii letters of credit number 20/1 dated 21st march 1974 and number 20/2 dated 3rd march 1974 the petitioner stated as follows that the revolving letter of credit number 20/1 dated the 21st march 1974 for a sum number exceeding rs.
his explanation along with other necessary papers was forwarded to the executive committee of the central board and the central board in its meeting duly companysidered the same and directed that the appellant be dismissed from the banks service with immediate effect.
17 lakhs was established by me after obtaining the permission of the regional manager over telephone.
gorakhpur branch at the material time which i reiterate.
sharma head clerk m.s.
on my part i was also awfully busy in inspection of agricultural loans other important duties mobilisation of deposits and i had absolutely little time at my disposal towards companyrespondence.
srivastava staff officer grade ii and having companysidered his report the head office directed shri b.d.
2 lakhs at a time subject to a maximum of rs.
the gorakhpur branch manager was advised by him that gorakhpur branch lbc number 30 had been paid on 20.3.1974 whereas it was actually paid on 2.4.1974 and that the branchs lbcs number 34 35 and 36 had been paid on 9.4.1974 whereas these had number been paid at all.
the terms and companyditions of letter of credit number 20/1 dated 21.3.1974 were changed without complying with the required formalities.
the appellant was further informed that if numberreply was received the state bank of indias authority will presume that the appellant had numbersubmissions to make.
both the typists attached to the branch were on deputation at the material time with the result that formal sanction of the companytrolling authority was number obtained.
the appellant further stated that so far as the report of the enquiry officer regarding the opinion report of the firm m s jamuna prasad jaiswal was companycerned the appellant had number companymitted any breach of the rules as he had obtained permission on telephone from the companypetent authority and this fact was brought to the numberice of the enquiry officer during the investigation.
the judgment of the companyrt was delivered by sabyasachi mukharji j. shri k.l.tripathi the appellant herein joined the state bank of india in 1955.
50000 per day subject to a maximum of rs.
the firm maintained a current account only with an average balance of rs.
the appellant being the petitioner therein has number companye up by special leave to this companyrt under article 136 of the companystitution.
12 lakhs and that the openers of the letter of credit m s jamuna prasad munni lal jaiswal deoria were unable to meet their obligations.
thereafter he stated that he was mentally disturbed and he left for the village and in companyclusion stated as follows in respect of this however i am sorry for the fact that the full details of the above transaction were number advised to head office in time.
these were subsequently found in his safe.
civil appellate jurisdiction civil appeal number 1135 of 1978.
dadachanji company for the respondents.
10 lakhs was established in good faith which was within my power.
writ number 1724 of 1976.
in those circumstances the head office ordered a preliminary enquiry which was companyducted by shri r.p.
he also mentioned that the fact that trunk call was booked appears from the register.
the appellant was duly communicated to the said effect on 19th october 1976.
on 9th september 1974 charges were framed.
i regret the these words were number properly placed in the letters of credit.
apart from the detailed reply which had already been submitted by the appellant a reading of the explanation submitted by the appellant made it clear according to the appellant that numbere of the charges companyld be made the basis of any disciplinary action specially action of dismissal.
the appellant prayed that the penalty proposed may number be imposed.
certain companyplaints were received about his companyduct from gorakhpur branch manager shri r.s.
the statements were number signed in his presence.
17 lakh had remained unpaid to the extent of rs.
certain other allegations giving the particulars of the bills and records were mentioned.
number.
meera mathur for m s. j.b.
in this companynection i remember to have informed shri b. d. sharma the investigating officer that the words per day instead of at a time were substituted at the instance of shri a. k. chatterjee manager s. b. division.
thereafter the appellant by the said rule was required to submit his written statement showing cause why the penalty proposed should number be imposed upon the appellant.
he stated that he was number guilty of the charges.
on 4th numberember 1976 writ application under article 226 was filed by the appellant in the allahabad high companyrt alleging companytravention of the state bank of india officers and assistants service rules and on 2nd february 1978 the allahabad high companyrt by its judgment held that the rules had numberstatutory effect and as such the writ application was dismissed.
gupta field officer and from other enquiries made by him he found that the bills negotiated by the gorakhpur branch under a revolving letter of credit number 20/1 dated 21st march 1974 established by the deoria branch on gorakhpur branch for rs.
with a view to render helpful service to valued constituent like f. c. i. a government of india undertaking the payment advice dated the 11th april 1974 in respect of s. c. number.
in respect of these charges he admitted the facts and used expressions like these i regret that due to inadvertence was number credited.
k. garg and pramod swaroop with him for the appellant.
on the 11th april i returned late in the night from inspection and got the news of tragic death of my grand mother at my village in ghazipur district.
the appellant on 18th june 1976 submitted a reply.
r. mridul o.c.
finance manager f. i. with a request to arrange for quick payment of the aforesaid bills as they were in urgent need of money.
number 31 32 and 33 vide item 5 above after having been entered in the schedule number 8 book and after having been referred to jointly.
their business was to deal in scrap iron which they purchased from sugar mills around deoria and from other sources.
31 32 and 33 were removed from the dak and retained by shri tripathi in his personal custody without entering them in the banks books.
s. sharma for state bank of india.
774 to 778 was signed by me before the bills were paid as i was to leave my office for inspection.
he further stated that the facts and circumstances revealed that the enquiry was in violation of the principles of natural justice and he mentioned the statements against him were alleged to have been recorded during the companyrse of enquiry but while recording those statements the appellant was never informed number any statement was taken in presence of the appellant.
mathur s. sukumaran miss.
so far as dates of payment of bills number 30 35 and 36 he gave his explanation.
gupta field officer disappeared while the books was in shri tripathis custody.
at the relevant time he was working as branch manager state bank of india deoria.
31 32 and 33 vide item number 5 above after having been entered in the schedule 8 book and after having been referred to jointly by shri s.s.
he referred to his excellent record from 1967 to 1973 in which he stated that the entry of appellants performance was excellent in 1970 that he was an asset to the institution.
kapoor staff officer grade ii who reported to the head office on 5th may 1974 that from the information given to him by some members of the staff of deoria branch namely shri m.r.
along with the said letter a copy of the statement of charges and a companyy of the report of the investigating officer who investigated companysisting of investigation in respect of each of the allegations and the appellants explanations to the allegations during the time of the preliminary investigation and the facts and materials gathered during the preliminary investigation in which the appellant participated as mentioned thereinbefore was sent.
