Research › Search › Judgment

Andhra High Court · body

2024 DIGILAW 1423 (AP)

State Bank of India, Mumbai v. Sowjanya Kumari

2024-10-04

G.NARENDAR, KIRANMAYEE MANDAVA

body2024
JUDGMENT : Mrs. KIRANMAYEE MANDAVA, J. 1. These two appeals arise out of the orders of the learned Single Judge in WP No.30437 of 2014 dated 15.12.2023. The writ petitioner filed WA No.193 of 2024, against the order of the learned Single Judge in WP No.30437 of 2014, insofar as it is against her and the respondent-Bank filed WA No.169 of 2024, being aggrieved by the directions issued against it. 2. The parties herein are referred to as they are arrayed in the writ petition. 3. The facts of the case are the writ petitioner was employed as clerk-cum-cashier in the 1st respondent Bank, Narsapuram Branch, in the year 1977. Thereafter, she was promoted as Assistant Manager and continuing as such, till her suspension from service proceedings dated 21.08.2009. Subsequently, show-cause notice was issued to the petitioner alleging irregularities committed by her during her tenure. Thereafter, charge memo was issued framing the following charges : "(i) You have unauthorizedly debited the branch charges a/c in the system on several occasions and credited the amount to your personal loan a/c and gained pecuniary to yourself. (ii) You have unauthorizedly altered the amount of debits to charges a/c in the system and credited the difference amount to your personal loan a/c and gained pecuniary benefit to yourself. (iii) You have drawn reimbursement of conveyance bill/entertainment bills for the month of January, 2009 twice. (iv) You have claimed 100% reimbursement of medical expenses incurred on account of your spouse on 10.03.2009 instead of eligible 75%." 4. In pursuance thereof, an Enquiry Officer was appointed and conducted. The Enquiry Officer submitted his report on 15.09.2011, holding Charges 1, 2 and 5 as proved and 3 and 4 as not proved. Pursuant to the Enquiry Officer's report, the disciplinary authority issued proceedings dated 03.10.2011, differing with the finding of the Enquiry Officer, he observed that the finding of the enquiry officer that the Charge No.IV, is not proved, should have been held as proved. Thus, after going through the evidence recorded, he held that the Charge No.IV, as not proved. The disciplinary authority, called for explanation of the petitioner, on the enquiry officer's report. The petitioner has submitted her reply. The disciplinary authority observed that the delinquent misused the official position for personal gains in gross violation of the service terms and conditions. Thus, after going through the evidence recorded, he held that the Charge No.IV, as not proved. The disciplinary authority, called for explanation of the petitioner, on the enquiry officer's report. The petitioner has submitted her reply. The disciplinary authority observed that the delinquent misused the official position for personal gains in gross violation of the service terms and conditions. The disciplinary authority observed that the petitioner did not show her integrity in discharge of her official duties. The disciplinary authority vide order dated 30.03.2012, passed the order of dismissal from service. Against the order of dismissal from service, the petitioner filed appeal before the 2nd respondent. The 2nd respondent confirmed the order of the disciplinary authority dismissing the writ petitioner from service. 5. Heard Sri Kota Venkata Rama Rao, learned Counsel for the appellants and Sri V. Padmanabha Rao, learned Counsel for the respondent. 6. Perused the record. 7. The observation of the disciplinary authority that the petitioner has misused the position held by her in the bank, in crediting the amounts fraudulently to her accounts. 8. As noted from the amounts alleged to have been credited by the writ petitioner to her personal accounts, they range from Rs.210/- to Rs.11,313/- between 19.09.2008 and 21.07.2009. The petitioner's explanation was that she was not acquainted with the Core Banking System, and due to work pressure, the amounts were erroneously credited to her account. It is further stated that immediately upon noticing the same, the amounts were stated to have been credited to the charges accounts. However, the enquiry officer's view was that since the delinquent did not credit back the amounts to the account of the Bank, immediately on the same day, the petitioner was found guilty of the charges levelled. By the date of impugned proceedings, the delinquent has rendered her services to the Bank for 32 years. Nothing is on record that the petitioner had earlier indulged herself in similar misappropriations or any activities in the nature of the misconduct. By any stretch of the imagination, it cannot be inferred that an officer in the cadre of an Assistant Manager would resort to deceiving the Bank for a petty amount, which at times was Rs.210/-. Nothing is on record that the petitioner had earlier indulged herself in similar misappropriations or any activities in the nature of the misconduct. By any stretch of the imagination, it cannot be inferred that an officer in the cadre of an Assistant Manager would resort to deceiving the Bank for a petty amount, which at times was Rs.210/-. The disciplinary authority mainly focused on the issue that the alleged misappropriated funds were not immediately credited back to the charges account and that the medical bill was claimed at @ 100% reimbursement, instead of @ 75%. An erroneous claim, which was subsequently rectified, was viewed seriously by the disciplinary authority as misconduct/fraudulent. It is not brought to record if the sanctioning authority, who sanctioned the petitioner's spouse's medical bill at 100% was also subjected to similar disciplinary proceedings. 9. We are of the view that the finding of the disciplinary authority that the writ petitioner is guilty of the charges framed against her, and liable for punishment of dismissal from service is perverse and grossly disproportionate to the charges framed. We are, therefore of the view that order under appeal is liable to be set aside. However, having regard to the nature of the charges, we are of the view that the authorities may impose lesser punishment of withholding two increments with cumulative effect. 10. The writ appeals are accordingly disposed of. There shall be no order as to costs. 11. As a sequel, pending interlocutory applications, if any, shall stand closed.