April 1, 1967, this was increased to 58 years.
Dhall was due to retire on May 28, 1970 after companypleting 30 years of pensionable service.
1, 000/ on September 25, 1972 3 exchanging mutilated numbered for he denomination of Rs.
24006 49 be forfeited which decision was companymunicated to Dhall by letter dated July 16, 1980 of the Chief General Manager of the Bank.
The Reserve Bank of India had intimated the Bank that mutilated numberes to the extent of Rs.
The State Bank of India Sub Accountant Head Cashiers Service Rules came into force on January 1, 1959.
Reply of Dhall was companysidered and the Central Board of the Bank directed forfeiting of Banks companytribution amounting to Rs.24006/49 from the provident fund.
Your reply in this regard should reach the undersigned within 7 days of the receipt of this letter by you.
Report of the enquiry officer was submitted on June 15, 1979 which was placed before the disciplinary Authority who found Dhall guilty of most of the charges levelled against him.
The provident Fund Banks companytribution which has been withheld with interest according to the Rules after deducting the admitted sum of Rs.
10,000/ will be deducted therefrom.
The charges laid under this Charge sheet were many and some of these were 1 shortage of admitted by Dhall, thus, admitting his negligence and responsibility therefor companylaterally 2 shortage in cash to the tune of Rs.
100 without approval of the joint custodian.
5, Rs.
20 and Rs.
Pension will be companyputed on the basis of full pay during the period of suspension.
However, the companypetent authority granted extension to him of his service by seven years up to including 30th June 1977 on which date Dhall was to companypleted 58 years of his age.
Under these Rules, the age of super annuation for head Cashier was 55 years but w.e.f.
2 3 4 5 6 In July 1956, Dhall was promoted as Head Cashier by the State Bank of India.
On November 22, 1979, he was intimated and given show cause numberice as to why Banks companytribution to the provident fund should number be forfeited as he was liable to the Bank to the extent of Rs.
The Imperial Bank of India was companystituted under the Imperial Bank of India Act, 1920 which was repealed by the State Bank of India Act, 1955 by which the State Bank was companystituted.
10,000/ P.F. and the interest up to date on payment according to the Rules will be calculated first.
Disciplinary Action Cell No.
While in he extended period of service, Dhall was suspended on account of certain allegations against him of fraud and defalcation of funds while posted at Agra.
Dear Sir, With reference to the companyrespondence resting with your letter dated 29th June 1976, in reply to the statement of the charges served on you, in terms of out letter No.
DAC/79/RL/1336 Dated 22nd Nov. 1979.
Dhall was also told that sanction to retire him was withheld under Rule 11 of the Rules and Regulations of the pension and Guarantee Fund by the companypetent authority.
398, 11, Sansad Marg New Delhi.
On November 24, 1975 Dhall was served with the Charge Sheet.
The show cause numberice and the decision of the Bank are reproduced hereunder as State Bank of India, Local Head Office, O. Box No.
Thereafter the admitted amount of Rs.
Dhall had challenged the Order of the Central Board of the State Bank dated June 4, 1980 by which it was resolved that the sanction to retire you be withheld and the Banks companytribution to your provident fund Account amounting to Rs.
37458/83 and further why sanction to his retirement be number withheld under Rule 11 of the Imperial Bank of India Pension and Guarantee Fund Rules and Regulations.
The result was that Dhall was deprived of pension and Banks companytribution to his provident fund.
However, due to the pendency of enquiry, he was given two years extension.
Enquiry proceedings were initiated against Dhall.
This was under Section 7 of the State Bank of India Act which, in relevant part, is as under Transfer of service of existing officers and employees of the Imperial Bank to the State Bank Every officer or other employee of the Imperial Bank excepting the managing director the deputy managing director and other directors in the employment of the Imperial bank immediately before the appointed day shall on and from the appointed day, become an officer or other employee, as the case may be, of the state Bank, and shall hold his tenure, at the same remuneration and upon the same terms and companyditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed day if the undertaking of the Imperial Bank had number vested in the State Bank, and shall companytinue to do so unless and until his employment in the State Bank is terminated or until his remuneration, terms or companyditions are duly altered by the State Bank.
1, 2, 4, 5, 6, 7, 7a, 9, 10 and partially charge No.3.
Please also show cause as to why the banks companytribution towards the provident Fund may number be forfeited as you are liable to the bank to the extend to Rs.
Petitioner will also be entitled to full pay for the period of suspension and the bank shall pay the sum after deducting such amount as has been paid to him during the period of suspension by way of subsistence allowance or otherwise.
The petitioner shall be entitled to his companyts.
With reference to your letter dated 1st August, 1979 as charges proved against are grave and you attained the age of 60 years on the 30th June, 1979 and ceased to be in the service of the Bank from that date, you are hereby required to show cause why recommendation should number be made to Local Board to withhold the sanction of your withhold the sanction of your retirement and pension in the term of Rule 11 of the Imperial Bank of India Pension and Guarantee Fund rules.
The impugned judgment was delivered on a writ petition filed by the respondent, C.B. Dhall.
55,000/ were irregularly exchanged and that this was borne out by the inspection of the currency at the branch at Agra held on August 11, 1976 which pertained to the period when Dhall was the head Cashier.
Dhall companypleted 58 years of his age on June 30, 1977.
Extended period of Service of Dhall expired on June 17, 1979 on his attaining the age of 60 years.
The petitioner shall also be entitled to such other retirement benefits as are admissible to him according to the service rules, have already number been given to him.
Services of Dhall were taken over by the State Bank and the existing Services Rules, Pension Fund Rules and provident Fund Rules of the Imperial Bank of India were adopted by the State Bank in respect of these employees.
Dhall was appointed as Cashier in the Imperial Bank of India in July 1939 and was companyfirmed to this post after companypletion of his period of probation of one year.
Counsels fee for Rs.
37,458/83.
R. IV/8990 dated 24th November 1975 and subsequent departmental enquiry held against you, we have perused the findings of the enquiry authority vis a vis the proceedings of the enquiry and held you guilty of charges Nos.
The High Court allowed the writ petition and quashed the Resolution of the Central Board as well as the Communication by which it was companyveyed to Dhall.
The balance shall be paid to the petitioner.
P. Wadhwa, J. This appeal by the State Bank of India for short, the Bank or State Bank arises out of the judgment dated August 22, 1983 of learned single Judge of the High Court of Delhi.
The reasons for the judgment were given by order dated September 2, 1983.
