ORDER M. Katju and Umeshwar Pandey, JJ.
1. Heard learned counsel for the parties.
2. This writ petition has been filed for quashing the impugned order dated 1.2.1993 passed by the Chief General Manager, State Bank of India (Annexure-9 to the writ petition), by which the petitioner has been removed from service, and the appellate order dated 14.9.1993 (Annexure-13 to the writ petition) by which the petitioner's appeal against the removal order, has been rejected.
3. The petitioner was Cash Officer in the service of the State Bank of India. He was charge-sheeted vide charge-sheet dated 24.4.1991 (Annexure-3 to the writ petition) to which he submitted reply on 5.64-991. A perusal of the charge sheet shows very serious charges of financial irregularities against the petitioner. The petitioner was also charged for doing unauthorised acts. An inquiry was held in which he was given opportunity of hearing, and after the inquiry, the inquiry officer submitted an inquiry report which was sent to the petitioner along with a show cause notice vide Annexure-5. The petitioner has given his reply vide Annexure-6. Thereafter, the impugned removal order date 1.2.1993 was passed and his appeal was also dismissed.
4. The finding of financial irregularities is a finding of fact and there are very serious charges on which the petitioner was found guilty.
5. The facts of the case are covered by the decision of a Division Bench of this Court in S.R. Kashyap v. Canara Bank and Ors.. Writ Petition No. 37884 of 1996, decided on 16.12.2003.
6. Learned counsel for the petitioner submitted that the petitioner has been acquitted on the criminal case on the same charges. It is well settled that acquittal in the criminal case is not relevant to the departmental inquiry as the standard of proof is different vide Chairman and Managing Director, United Commercial Bank and Ors. v. P. C. Kakkar, JT 2003 (2) SC 78 and State of U. P. and Ors. v. State Public Services Tribunal, Lucknow and Anr., 2003 (3) AWC 2323 : 2003 (2) ESC 1161.
7. Following the decision of this Court in S. R. Kashyap's case (supra), this petition is dismissed.