G.M. (OPERATIONS) S.B.I & ANR. VERSUS PERIYASAMY

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No.10942 OF 2014

[Arising out of SLP (Civil) No. 4648 of 2008]

G.M. (OPERATIONS) S.B.I & ANR. .. APPELLANT(S)

VERSUS

PERIYASAMY ..RESPONDENT(S)

The respondent – Periyasamy, was serving as a Permanent Cash Officer at the Dharmapuri Branch of the State Bank of India in 1986. In a departmental enquiry, he was charged with being accountable for a shortage detected in the currency chest in his joint custody along with one Ganesan. By the second charge, he was charged with not adhering to the laid down instructions regarding currency chest transactions and for committing lapses in the maintenance of the currency chest register. By the third charge, he was charged with excessive outside borrowings in violation of Rule 41(i) of the State Bank of India (Supervising Staff) Service Rules. An enquiry was duly conducted. The charged officer, the respondent, was given an opportunity to defend himself and an Inquiry Report dated 03.11.1986 was submitted to the disciplinary authority. The disciplinary authority considered the entire report and after discussing the same came to the conclusion that there was a preponderance of the probability that the respondent had been surreptitiously removing currency notes from the chest over a period of time, the shortage being Rs. 1,25,000/-. The disciplinary authority also took note of the fact that he was lending money to others, even without a pro-note indicating that he had large amounts of cash. The disciplinary authority, therefore, recommended the dismissal of the respondent from the service of the Bank in terms of Rule 49(h) of the State Bank of India (Supervising Staff) Rules by an order dated 27th July, 1989. Thereafter, the Chief General Manager considered the Inquiry Report and the recommendation of the disciplinary authority and concurred with the views of the disciplinary authority. Against the dismissal, the respondent preferred an appeal under the Service Rules of the Bank. However, the appeal was also turned down by the order dated 14.05.1990. Against the said orders, the respondent preferred a Writ Petition before the Madras High Court. As observed earlier, the learned Single Judge allowed the petition and the Division Bench dismissed the appeal against the petition. Hence, the Bank has preferred this appeal….read more