CORPORATION BANK Vs. M RAMESH KAMATH

JUDGEMENT

(1.) THE management being aggrieved by the order dated 20-3-1998 passed by the learned Single Judge in 'w. P. No. 16162 of 1982 has preferred this writ appeal questioning the jurisdiction of the Court to alter the punishment rendered to the employee on a grave misconduct from one of dismissal to one of removal from service to enable the employee to receive his terminal benefits.

(2.) THE 1st respondent was working as Branch Manager, Nagpur branch of Corporation Bank from 1976 to 1978. The management (Bank) found several irregularities and illegalities committed by the 1st respondent during his tenure of his office as Nagpur Branch Manager. A show-cause notice dated 29-1-1979 (Annexure-M) was issued pointing out the various irregularities and illegalities. The 1st respondent submitted his reply to the same. The management was not satisfied with the explanation and held a domestic enquiry. Even though sufficient opportunity was given to the 1st respondent, he deliberately did not participate in the enquiry. The enquiry was conducted ex parte. The 1st respondent faced 29 serious charges of misconduct. The Enquiry Officer found all the charges proved except Charge Nos. 9, 21, 23 and 26.

(3.) THE 1st respondent was found guilty of committing acts prejudicial to the interest of the Bank, gross negligence, misuse of discretionary powers, manipulation of records and credit facilities and favoured credit facilities to persons contrary to the Bank instructions.