TaxTMI 
TaxTMI 
2014 (12) TMI 1441
X X X X Extracts X X X X
X X X X Extracts X X X X
....y 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. 4. 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 R....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... also been punished but he has not challenged his punishment. In the reply to the show cause notice, the respondent admitted various lapses on his part regarding the maintenance of the currency chest books. In particular, the respondent stated in his reply that perhaps the shortage of Rs. 1,25,000/- escaped his attention due to various reasons and was thus unfortunate. The respondent sought permission to peruse the relevant books and registers at the Dharmapuri branch and was allowed to do so. The Inquiring Officer eventually submitted a report and held the respondent guilty of charges as stated earlier. The following are the important features of the Inquiry Report: a) When the branch inspection was concluded on 05.04.1986, it was noticed that during the tenure of the respondent as the permanent Cash Officer of the Branch, several currency storage bins inside the branch strong-room were not locked with dual pad locks and some were kept open when they were not being operated upon. b) Shortages were detected in the note bundles by the respondent. Upon further inspection, shortages in three more sections from the bundles last handled by the respondent, were also dis....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t to the respondent and he was called upon to submit his representation against the action proposed to be taken in regard to him. The respondent submitted his representation which was considered by the Deputy Inspector General of Police, Northern Range, Waltair. That Officer referred to the evidence of witnesses for the State about the arrest of Durgalu on March 5, 1954, and the handing over of Durgalu to the respondent on the same day. He observed that the evidence of Durgalu that after he was arrested on March 5: 1954, he had made good his escape and was again arrested on March 8, 1954, could not be accepted. Holding that the charge against the respondent was serious and had on the evidence been adequately proved, in his view the only punishment which the respondent deserved was of dismissal from the police force." 8. In State Bank of Bikaner and Jaipur Vs. Nemi Chand Nalwaya [(2011) 4 SCC 584], this Court observed as follows:- "7. It is now well settled that the courts will not act as an appellate court and reassess the evidence led in the domestic enquiry, nor interfere on the ground that another view is possible on the material on record. If the enquiry has been fa....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... is well known that the standard of proof that must be employed in domestic enquiries is in fact that of the preponderance of probabilities. In Union of India Vs. Sardar Bahadur [(1972) 4 SCC 618], this Court held that a disciplinary proceeding is not a criminal trial and thus, the standard of proof required is that of preponderance of probabilities and not proof beyond reasonable doubt. This view was upheld by this Court in State Bank of India & ors. Vs. Ramesh Dinkar Punde [(2006) 7 SCC 212] More recently, in State Bank of India Vs. Narendra Kumar Pandey [(2013) 2 SCC 740], this Court observed that a disciplinary authority is expected to prove the charges leveled against a bank-officer on the preponderance of probabilities and not on proof beyond reasonable doubt. Further, in Union Bank of India Vs. Vishwa Mohan [(1998) 4 SCC 310], this Court was confronted with a case which was similar to the present one. The respondent therein was also a bank employee, who was unable to demonstrate to the Court as to how prejudice had been caused to him due to non-supply of the inquiry authorities report/findings in his case. This Court held that in the banking business absolute devotion, dilig....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... done in due form [Point of Ayr Collieries Ltd. v. Lloyd - George (1943) 2 All ER 546.].' 11. The Division Bench, in appeal, apparently found it fit to rely on an additional affidavit filed for the first time by the respondent in his Writ Petition, referring to the letter dated 30.12.1987 by which the respondent is purported to have sought the production of certain documents. It is not disputed that the respondent had not at any stage earlier made any grievance that he had written a letter dated 30.12.1987 calling upon the bank to produce certain documents for his perusal and which was denied. It is further not in dispute that there is no record of the bank having received the letter and there is no proof for it. The bank has denied receiving the letter and according to the bank they had received a letter dated 28.12.1987 and they had replied by their letter dated 14.01.1988. In their reply, there was no reference to the letter dated 30.12.1987 because they had not received it. We find that in the absence of proof that any such letter demanding certain documents was received by the bank, it was not permissible for the High Court to proceed to draw an inference that there was a f....