IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5524 of 2010 RAM BABU SINGH S/O LATE RAGHO SINGH PERMANENT RESIDENT OF VILLAGE BHAGWATPUR, P.S.CHANDI, DISTT-BHOJPUR, RETIRED AS SPECIAL ASSISTANT , STATE BANK OF INDIA, MAIN BRANCH , ARA IN THE DISTT-BHOJPUR Versus 1. THE STATE BANK OF INDIA THROUGH CHIEF GENERAL MANAGER , STATE BANK OF INDIA LOCAL HEAD OFFICE , BIHAR , WEST OF GANDHI MAIDAN , PATNA 2. GENERAL MANAGER (ADMINISTRATION ), STATE BANK OF INDIA LOCAL HEAD OFFICE , BIHAR, WEST OF GANDHI MAIDAN, PATNA 3. DEPUTY GENERAL MANAGER (ADMINISTRATION), STATE BANK OF INDIA ZONAL OFFICE , JUDGES COURT ROAD, PATNA 4. ASSISTANT GENERAL MANAGER (ADMINISTRATION)-CUM-DISCIPLINARY AUTHORITY STATE BANK OF INDIA ZONAL OFFICE , JUDGES COURT ROAD, PATNA 5. CHIEF MANAGER , STATE BANK OF INDIA MAIN BRANCH, ARA IN THE DISTRICT OF BHOJPUR 6. MR. A.K.SINHA S/O NOT KNOWN ENQUIRY OFFICE-CUM-CHIEF MANAGER CUM- DISCIPLINARY AUTHORITY, STATE BANK OF INDIA, LOCAL HEAD OFFICE, BIHAR , WEST OF GANDHI MAIDAN, PATNA For the Petitioner : Mr. Anjani Kumar, Advocate. For the S.B.I. : M/s Kaushlendra Kr. Sinha, Sunil Kr. Singh, Advocate. ----------- 03. 06.04.2010 Learned counsel for the State Bank of India(hereinafter referred to as the Bank) has filed Vakalatnama, which is taken on record. 2. Heard learned counsel for the petitioner and the Bank. 3. Petitioner is aggrieved by the show cause notice dated 27.7.2009, Annexure-1, whereunder he has been asked to show cause as to why he should not deposit the fine of Rs.3,40,000/- in terms of paragraph-6(i) of Memorandum of Settlement of Disciplinary Action Procedure For Workmen dated 10.4.2002. He filed appeal against the said show cause notice Annexure-1 vide memo of appeal dated 18.8.2009, Annexure-9, which remained pending and by filing this writ application it is submitted that this Court may direct the authorities to dispose of the said appeal. - 2 - 4. During the pendency of the aforesaid appeal petitioner has also been served with the final order dated 30.7.2009 asking him to deposit the fine of Rs.3,40,000/- with advice that if he is aggrieved by the said order he is at liberty to file appeal before the appellate authority within 45 days of its receipt. Order dated 30.7.2009 has been placed on record by filing supplementary affidavit as Annexure-10 to this application. It is submitted on behalf of the petitioner that fine of Rs.3,40,000/- is being imposed on him for his failure to handle the drop box on 21.6.2008 to the satisfaction of the authorities as such improper handling of the drop box on 21.6.2008 led to non credit of the value of the cheque in the account of the account holder causing loss of Rs.3,40,000/- to the Bank. In this connection, it is pointed out that although, petitioner has been entrusted to handle the drop box under instruction dated 6.2.2007 and 17.5.2008, Annexures-3 and 3/1 but on 21.6.2008 the fateful day, he was entrusted to replenish the 4 ATMs and the drop box was handled by Sri Vivekanand, clearing incharge, which is evident from Annexure-6, the statement prepared on 21.6.2008 by Sri Vivekanand, who handled the drop box on 21.6.2008. From Anenxure-4 it would appear that petitioner was directed to replenish the 4 ATMs on 21.6.2008 and thus for the loss caused to the Bank for not properly handling the drop box on 21.6.2008 he could not have been held responsible. It is submitted that aforesaid aspect of the matter has already been considered in the enquiry report but ignoring the enquiry report as also the contents of Exhibit-2 and Anenxure-4 petitioner has been directed to pay fine of - 3 - Rs.3,40,000/-. 5. Counsel for the Bank has opposed the submission. He states that the appeal, Anenxure-9 has been filed against the show cause notice dated 27.7.2009, Annexure-1 and till date petitioner has not filed any appeal against the final order dated 30.7.2009, Annexure-10, whereudner he has been asked to deposit the fine of Rs.3,40,000/-. 6. Having heard counsel for the parties, I direct the petitioner to amend his memo of appeal dated 18.8.2009, Annexure-9 so as to impugn the final order dated 30.7.2009, Annexure-10 within one week from the date of receipt/production of a copy of this order, whereafter the appellate authority should consider the appeal dated 18.8.2009, Anenxure-9 as amended in compliance of this order in accordance with law, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the appellate authority. 7. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)