A.V. KULKARNI Vs. KARNATAKA VIKAS GRAMEENA BANK

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 05.03.2009 and 15.04.2009 passed by the Disciplinary Authority holding the petitioner guilty of the charges and imposing the punishment of compulsory retirement and recovery of the amount. The approval of the said action by dismissing the appeal through the order dated 20.07.2009 by the Appellate Authority is also assailed in the petition.

(2.) The petitioner joined the services of the respondent bank on 07.05.1984. He had worked in different capacity and was ultimately posted as the Manager in the Sindagi Branch of the respondent bank. While discharging his duties therein, the respondent bank is stated to have noticed certain fraudulent withdrawals having occurred in the said branch. The different transactions by which such withdrawals were made had resulted in the respondent-bank losing about Rs.66.50 lakhs. Such fraudulent withdrawals though indulged by a clerk-cum-cashier Sri A.R.Kulkarni, the petitioner was alleged to have entered and authorised such fraudulent transactions which was also made possible because the petitioner had revealed the password of the user ID to the said employee. Hence, it was alleged that the petitioner had aided such acts.

(3.) In that view, a show cause notice dated 09.03.2007 was issued to the petitioner enlisting the misconduct and seeking for explanation as to why disciplinary proceedings should not be initiated. The petitioner replied to the same on 24.03.2007. Since the explanation was not satisfactory, the Disciplinary Authority has issued the charge sheet dated 24.08.2007 stating the Articles of Charge and statement of imputation of misconduct. Pursuant thereto, the disciplinary enquiry was held whereupon the Enquiry Officer submitted the findings dated 29.11.2008 holding that the petitioner had colluded with/facilitated Sri A.R.Kulkarni in defrauding the Bank's money to the extent of Rs.66.50 lakhs thereby deriving illegal pecuniary benefits. The findings were forwarded to the petitioner on 02.12.2008 and on securing his reply, the Disciplinary Authority has accepted the findings and imposed the punishment of compulsory retirement by the order dated 05.03.2009. The petitioner had filed an appeal against the said order to the Board of Directors on 06.05.2009 viz., the Appellate Authority which was considered and rejected by the Board. The petitioner claiming to be aggrieved has assailed such action in this petition.