S.P. BHANDARKAR Vs. CANARA BANK

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 4/9/2018 passed by the learned Single Judge by which orders dtd. 8/6/2011, 3/9/2011 and 3/9/2012 passed by the disciplinary authority, appellate authority and reviewing authority imposing penalty of reduction to a lower grade on the appellant have been upheld, and the writ petition filed by the appellant, has been dismissed.

(2.) Facts leading to filing of this appeal briefly stated are that the appellant joined the services of the respondent Bank as a clerk on 11/7/1973. At the relevant time i.e., on 26/7/2006, the appellant was posted as Chief Manager in Puttur Branch of the Bank in Dakshina Kannada District. The appellant transferred a sum of Rs.50.00 Lakhs from the O.D. account of one customer viz., M/s Vivekanada Vidya Vardhaka Sangha to the loan account of another customer viz., Sri.Bestoji Issac and to ensure that his account does not become Non Performing Asset (NPA).

(3.) A show cause notice dtd. 6/6/2009 was issued to the appellant asking him to explain the lapses on his part. The appellant submitted a reply to the aforesaid show cause notice on 11/6/2009 in which inter alia it was admitted that credit and debit slips were prepared and authorized by him and the entire transaction was done with bonafide intention to avoid slippage of one of the big accounts to NPA. The appellant further stated in his reply that he should be dealt with leniently on account of lapse on his part and assured the management that such instance will never occur in future. Thereafter, a charge sheet dtd. 22/12/2009 was issued to the appellant. A departmental enquiry commenced against the appellant. The enquiry officer submitted a report dtd. 25/4/2010, in which charges leveled against the appellant were proved.