SYNDICATE BANK Vs. R G BHIDE

JUDGEMENT

(1.) THE management of Syndicate Bank, feeling aggrieved by the order of the learned single judge dated July 28, 1998, in Writ Petition No. 14806 of 1992 has preferred this writ appeal. By the order impugned in this writ appeal, the learned single judge has allowed the writ petition filed by the respondent herein and directed the management of the bank to pay 50 per cent. back wages to the respondent from date of his removal from service up to the date of his retirement with all other consequential benefits proportionately within three months from the date of receipt of a copy of the order.

(2.) THE background facts leading to the filing of the writ petition are as follows: the appellant is a nationalised bank having its Head Office at Manipal, Dakshina Kannada district. The respondent was serving as a Divisional Manager, Accounts Department, head office, Manipal. The respondent was a scale-IV officer employee. A charge-sheet was issued to the respondent on May 19, 1989 in respect of certain misconduct on his part, while he was functioning as the Chief Manager of Gurgaon, Cantonment branch. The charges were, that the respondent while functioning as the chief manager showed undue official favours to certain individuals and to certain concerns in which the individuals had vested interests. The respondent exceeded his authority in sanctioning the credit facilities and committed other irregularities in connection therewith and hence exhibited lack of integrity and honesty and conduct unbecoming of a bank officer and thereby contravened Regulation No. 3 (1) of the Syndicate Bank Officer employees (Conduct) Regulations, 1976 (for short "the Regulations" ). The other charge pertained to failure on the part of the respondent to maintain/monitor the motor car expenditure account as the Chief Manager of Gurgaon, Cantonment branch. The charge-sheet was duly served on the respondent, who made representation in that behalf.

(3.) THE disciplinary authority not being satisfied with the explanation tendered by the respondent, directed initiation of departmental enquiry regarding the charges levelled against the respondent. An enquiry was held by the enquiry officer appointed in accordance with the procedure laid down under the Syndicate Bank Officers Employees' (Discipline and Appeal)Regulations, 1976 (for short, "the Discipline Regulations" ). The enquiry officer so appointed after holding a regular departmental enquiry against the respondent submitted a report dated May 11, 1991, wherein the enquiry officer found the respondent guilty of both the charges.