KRISHNAMOORTHY BELIYA B Vs. SYNDICATE BANK MANIPAL

JUDGEMENT

(1.) PETITIONER was working as Manager in the espondent-Syndicate Bank. While he was working in that capacity in Gundlupet Branch of the respondent-Bank, he was served with a charge memo dated January 29, 1999 containing charges of misconduct as Manager, bannimantap Branch, Mysore, during the period April 30, 1994 to May 28, 1994. The allegation in the charge memo is as under: "charge-sheet vide Regulation 6 of the syndicate Bank Officer Employees (Discipline and Appeal) Regulations, 1976. Whereas, it is proposed to hold an enquiry c against you under Regulation 6 of the syndicate Bank Officer Employees (Discipline and Appeal) Regulations, 1976; and whereas, the Articles of Charges and statement of Imputations of Misconduct in respect of which the enquiry is proposed to be held are mentioned here below. Now, therefore, you are hereby directed to 15 submit your written statement of defence if any, within 15 days of receipt of this charge-sheet showing cause as to why regular Departmental Proceedings should not be initiated against you and appropriate 20 action should not be taken against you. Articles of charge that you were functioning as Manager of bannimantap Branch, Mysore, during the 25 period between June 30, 1992 and June 12, 1996 and that while in your said position by misusing your official position during the period April 30, 1994 to May 28, 1994 you signed and released six loans for amounts 30 aggregating to Rs. 1. 50 lakhs in the name of six persons to unduly accommodate yourself and Smt. Sulochana Murthy, the then Clerk, Bannimantap Branch, Mysore, and/or others well- known to you, without 35 proper pre-sanction appraisal and post-sanction follow-up. At present amounts aggregating to Rs. 2,05,716/- are stuck to the books of the bank proving difficult of recovery. The 40 full/more details of the above are furnished in the statement of imputation of misconduct on your part appended here below. By your above acts you failed to discharge ,. your duties with utmost integrity and honesty and exhibited conduct unbecoming of the status of the Bank Officer and thereby contravened Regulation 3 (1) read with regulation 24 of the Syndicate Bank Officer 50 employees (Conduct) Regulations, 1976. Statement of Imputations of Misconduct on your part: that you were functioning as Manager at our Bannimantap Branch, Mysore during the period between June 30, 1992 and June 12, 1996, and that while functioning in your position as such, you sanctioned and arranged 6 loans for amount aggregating to rs. 1. 50 lakhs in the names of six persons, the details of which are furnished in annexure enclosed. Following circumstances appear on record in respect of the above circumstances: 1. All the SB accounts of the borrowers were introduced by Smt. Sulochana murthy, Clerk of the branch. The loans were sanctioned within 2 to 6 days of the opening of SB accounts without proper processing of the loan proposals.

(2.) THERE is nothing on record to indicate that any enquiries were made to ascertain the antecedents of the borrowers/sureties and their reported business.

(3.) BORROWERS/sureties creditworthiness was not ascertained.