Citation : 2026 Latest Caselaw 297 Kant
Judgement Date : 20 January, 2026
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WA No. 1535 of 2024
HC-KAR
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.
Digitally
signed by
SREEDHARAN 2. MANAGING DIRECTOR
BANGALORE FORMERLY STATE BANK OF MYSORE,
SUSHMA
LAKSHMI HEAD OFFICE, P.B. NO.9727,
Location: High MYSORE BANK CIRCLE, KEMPEGOWDA ROAD,
Court of
Karnataka 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
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WA No. 1535 of 2024
HC-KAR
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:
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WA No. 1535 of 2024
HC-KAR
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
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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
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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
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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
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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
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