C.D. SIVANNA Vs. SYNDICATE BANK

JUDGEMENT

(1.) Petitioner is seeking for quashing of order No. PRS(O)/DGM/HYD/2001/07 dated 13.03.2001, Annexure-N, dismissing petitioner from services and order No. 087/PD:IRD:DA:7 dated 02.05.2001, Annexure-Q, passed by Appellate Authority confirming the order of dismissal and order dated 31.12.2001 rejecting the review petition indicating thereunder that petitioner does not confer right on an Officer to seek review of his case after Appellate Authority has disposed of his appeal. Petitioner has also sought for issuance of a writ to direct respondents to reinstate petitioner in the services of Bank by granting consequential benefits including arrears of salary, promotion, seniority, etc.

(2.) Petitioner joined the services of Syndicate Bank (hereinafter referred to as 'Bank' for the purposes of brevity) on 28.04.1977 as a clerk and was promoted as Officer in Junior Management Grade Scale-I with effect from 03.06.1985. With effect from 30.05.1994 to 26.06.1999 petitioner was working as Assistant Manager at Cuddapah Main Branch, Andhra Pradesh. On 17.06.2000 a charge sheet came to be issued to petitioner alleging thereunder that while petitioner working as Assistant Manager at Cuddapah Main Branch during 30.05.1994 to 26.06.1999 he had derived undue pecuniary benefit at the cost of customers of Bank and facilitated temporary misappropriation of Bank's funds by unconnected third parties while releasing 30 FL (Dairy Loans) aggregating to Rs. 4.74 lakhs under IRDP Scheme and had failed to exercise proper pre-sanction safe guards and post-sanction controls while releasing; (a) 18 loans under OSL/PMRY Scheme and 3 loans under SJSRY Scheme aggregating to Rs. 8,99,700/-; and (b) 1 demand loans aggregating to Rs. 1,68,400/-. As such, it was alleged that petitioner has failed to discharge duties with utmost integrity and honesty and exhibited conduct unbecoming of the status of Bank Officer and thus contravened Regulation No. 3(1) read with Regulation No. 24 of Syndicate Bank Officer Employees (Conduct) Regulations, 1976 (hereinafter referred to as 'Regulations' for short).

(3.) On service of charge sheet petitioner submitted his reply statement on 26.02.2000, Annexure-D. Disciplinary Authority not being satisfied with the reply given by petitioner ordered for conducting an inquiry and by order dated 05.07.2000 appointed one Sri. C.S. Rao, Deputy Chief Officer, Grade Scale - II as Enquiry Officer. By order of even date one Sri. R. Venkataraman was appointed as Presiding Officer on behalf of Bank. Enquiry officer commenced the proceedings on 25.08.2000. In the inquiry proceedings petitioner appeared and denied the charges. Petitioner was assisted by Sri. P. Rajasekhar, Manager, Currency Chest, Vijayawada.