LAKSHMINARAYANA I BHAT Vs. ASSISTANT GENERAL MANAGER

JUDGEMENT

(1.) The petitioner was employed as Assistant Manager in Syndicate Bank. He was issued a charge sheet dated 16.08.2006. The charge leveled reads as follows; That you have been working as Asst. Manager at Goa. Curchorem branch since 2.5.2000 until you were placed under suspension vide proceedings/order dated 15.10.2005. While working in your position as such you abused your official position and put through various fraudulent transactions and misappropriated bank's funds to the tune of Rs. 69.06 lakh by creating fictitious Loans on Deposits and closing such loans by raising debits to Interest on Deposit account; making fictitious debit entries to Interest on Deposit account and crediting to SB accounts of customers closely known to you; raising debits directly to SB General Ledger without making debit entries in any SB account; passing withdrawal slips/cheques in SB accounts of customers closely known to you without debiting the instruments to the respective accounts etc. You also committed various other irregularities.

(2.) The petitioner submitted a reply. On one hand, he denied the charge and on the other hand, he stated that he has reimbursed the amount. Not satisfied, Mr. A.K. Jayashankar, Manager (IR), was appointed as the Inquiry Authority, to inquire into the said charge sheet. Mr. K. Srinivas Murthy, Manager (IR) was appointed as the Presenting Officer. Petitioner participated in the enquiry along with his Defense Assistant Mr. Manjunath S. Bhagwath, Assistant Manager. For the bank, 3 witnesses deposed and MEX-1 to MEX-171 were marked. Petitioner got himself examined as DW-1 and DEX-1 to DEX-14 were marked. After conclusion of the enquiry, petitioner submitted his written submission on 14.05.2007, Enquiry Officer after appreciating the record of enquiry, found the charge leveled against the petitioner as proved. Inquiry Report dated 16.07.2007 was submitted to the bank and a copy thereof was furnished to the petitioner on 18.07.2007, to make his submissions, if any. In response, written submission dated 10.08.2007 was submitted by the petitioner. Disciplinary Authority, by an order dated 29.08.2007, held the petitioner guilty of the charge and taking into consideration the gravity of the charge held as proved, dismissed the petitioner from service of the bank.

(3.) Petitioner submitted an Appeal dated 24.10.2007, which upon consideration, having been found to be unacceptable, the order of dismissal from the service of the bank was confirmed. Petitioner submitted a Review Petition on 11.06.2008, which having been examined in the light of the relevant records and finding, no fresh grounds to reconsider the punishment, the Reviewing Authority confirmed the penalty imposed on the petitioner. Questioning the said orders, this writ petition has been filed.