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2026 DAILYLAW 50089 (KAR)

REVIEWING COMMITTEE/ DIRECTORS COMMITTEE v. SRI. R LAKSHMINARAYANAPPA

WA/1535/2024 · 2026-01-20

D K Singh, S Rachaiah

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1535 OF 2024 (S-DIS) BETWEEN: 1. REVIEWING COMMITTEE/ DIRECTORS COMMITTEE DISCIPLINARY DEPARTMENT, FORMERLY STATE BANK OF MYSORE, HEAD OFFICE, P.B. NO.9727, MYSORE BANK CIRCLE, KEMPEGOWDA ROAD, BANGALORE - 560 009. REVIEWING COMMITTEE, NOW STATE BANK OF INDIA, CORPORATE CENTRE, 8TH FLOOR, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI – 400 021. 2. MANAGING DIRECTOR FORMERLY STATE BANK OF MYSORE, HEAD OFFICE, P.B. NO.9727, MYSORE BANK CIRCLE, KEMPEGOWDA ROAD, BANGALORE - 560 009. MANAGING DIRECTOR, NOW STATE BANK OF INDIA CORPORATE CENTRE, 8TH FLOOR, STATE BANK BHAVAN, MADAME CAMA ROAD, NARIMAN POINT, MUMBAI – 400 021. 3. THE CHIEF GENERAL MANAGER, DISCIPLINARY AUTHORITY Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 FORMERLY STATE BANK OF MYSORE, HEAD OFFICE, P.B. NO.9727, MYSORE BANK CIRCLE, KEMPEGOWDA ROAD, BANGALORE - 560 009. THE GENERAL MANAGER CUM DISCIPINARY AUTHORITY, NOW STATE BANK OF INDIA, DISCIPLINE MANAGEMENT HUB (SOUTH), STATE BANK BUILDING, 7TH FLOOR, 157, ANNA SALAI CHENNAI - 600 002. …APPELLANTS (NOTE: THE APPELLANTS ARE NOW REPRESENTED BY THE ASSISTANT GENERAL MANAGER(HR), STATE BANK OF INDIA, LOCAL HEAD OFFICE, NO.65, ST.MARKS ROAD, BENGALURU – 560 001) (BY SRI. VENKATESH N, ADVOCATE) AND: 1. SRI. R LAKSHMINARAYANAPPA S/O. LATE RANGAPPA AGED ABOUT 67 YEARS, RESIDING AT NO.30, AMRUTHA, COCONUT GURU LAYOUT, HORAMAVU, BANGALORE – 560 043. …RESPONDENT (BY SRI. S B MUKKANNAPPA, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 06/10/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 35824/2011 AND ALLOW THE APPEAL AND PRAYS ACCORDINGLY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court has been filed impugning the judgment and order dated 06.10.2023 passed by the learned Single Judge in W.P No.35824/2011 filed by the respondent who was working as Senior Manager Grade Scale -IV (SMGS-IV) with the appellants-Bank. 2. The respondent had faced the disciplinary proceedings for the following charges: “CHARGE-I:- You have failed to: a) Follow the KYC norms while issuing TDR/RID for Rs.50.00 lacs on 28.09.2005 in favour of M/s Zeenath Transport Company, Bellary. b) Obtain names and specimen signature of the authorized signatories of the company. c) Accede to the request of the company to keep the funds for three months, instead, the TDR/RID was issued for six months. d) You have closed the TDR of Rs.50.00 lacs prematurely without obtaining duly discharged TDR and without ascertaining the authenticity of the - 4 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 letter of M/s Zeenath Transport Company. The proceeds were credited to the current account of M/s Naz Properties and Developers and utilized to close the current account overdraft and Term Loan account for Rs.15.00 lacs e) Though TDS amounting to Rs.25,338/- was recovered from the proceeds of RDR, you have declined to issue TDS Certificate to the depositor viz., M/s Zeenath Transport Company, even after a specific request by the Company. CHARGE-II a) You have released a Term Loan Limit for Rs.15.00 lacs to M/s Naz Properties and Developers on 03.09.2005, without obtaining sanction from the controlling Authorities. b) You have not obtained the confirmation letter in respect of Equitable Mortgage created over landed properties, belonging to different individuals, to cover the limit of Rs.15.00 lacs, released to M/s Naz Properties and Developers. c) You have obtained Xerox copies of the title deeds as per the recital register. d) The copies of title deeds of the different properties were released to Mr.Jabir Ashgar, Proprietor, M/s Naz Properties and Developers. CHARGE-III:- In excess of the discretionary powers you have allowed Temporary Overdraft in current account of M/s Naz Properties and Developers up to Rs.29.83 - 5 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 lacs and also failed to report the same to Regional Office. On account of the Charge-I above, the depositor has complained to the Banking Ombudsman and there is a likely financial loss of Rs.50.00 lacs plus interest. Thus, you have acted in a manner detrimental to the interest of the Bank. The above charges if established, will amount to violation of Regulations 50(1) and 50(4) of State Bank of Mysore Officers’ Service Regulations 1979 and deemed as misconduct in terms of Regulation 68(2) ibid. You are advised to submit your replies to the Charge Sheet within 15 days from the date of its receipt, failing which, it will be deemed that you have no reply to submit and the matter will be dealt with, without further reference to you.” 3. Regulation No.68 of State Bank of Mysore, Officers’ Service Regulations, 1979 (Amended upto 31st March, 2003) provides the procedure for conduct of the disciplinary inquiry. Regulation No.68(2) provides that where a disciplinary inquiry is proposed, the Disciplinary Authority shall frame definite and distinct charges on the basis of allegations against the officer and the articles of - 6 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 charge, together with a statement of the allegations, list of documents relied on along with the copy of such documents and list of witnesses, along with the copy of statement of witnesses, should be communicated in writing to the delinquent officer, the officer is then required to submit a reply to said charge sheet within the period of 15 days. It also provides that, if it is not possible to furnish the copies of the documents, the Disciplinary Authority shall allow the officer to inspect such documents within a time specified in that regard. 4. During the course of disciplinary proceedings, as many as 32 documents were produced, which were not supplied to the delinquent officer. After conclusion of the disciplinary inquiry, the punishment was inflicted on the respondent by reducing his one stage pay from SMGS-IV to MMGS-III and fixing his pay at the first stage of his basic pay. 5. The learned Single Judge having noticed that the documents relied on during the course of the inquiry were not supplied to the respondent, quashed the punishment and granted liberty to the bank to conduct the inquiry - 7 - HC-KAR NC: 2026:KHC:3225-DB WA No. 1535 of 2024 from the stage of supplying the documents and list of witnesses to the delinquent officer as he had already retired from service during the meantime. 6. Considering the undisputed fact that as many as 32 documents were relied on during the course of inquiry which were not supplied to the delinquent officer. The said procedure adopted was in violation of Regulation No.68 of State Bank of Mysore, Officers’ Service Regulations, 1979 (Amended upto 31st March, 2003). We do not find that the impugned order passed by the learned Single Judge requires an interference by this Court. Thus, we dismiss this appeal. In view of the dismissal of this writ appeal, pending IA’s, if any, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 19