BANGALORE, BANGALORE RURAL Vs. BORAJJAIAH K T

JUDGEMENT

(1.) In all these writ petitions, the present respondents - Borajjaiah K.T., D. Rangaraju and A.C. Lakshmikanth are dismissed from service by the petitioner-Bank, which was set aside by the Deputy Registrar of Cooperative Societies-I, North Zone, Bangalore Urban District, Bangalore on 31.7.2012, Annexure-L and on the appeals filed by petitioner-Bank, the Karnataka Administrative Tribunal, Bangalore, dismissed the same by the common order dated 13th November, 2014. Hence, the present writ petitions are taken up together and disposed off by this common order. I - FACTS OF THE CASE

(2.) It is the case of the petitioner-Bank that in all these writ petitions the respondents i.e., Sri Borajjaiah K.T., and D. Rangaraju were appointed as Junior Grade Branch Manager-cum-Clerk Grade-I and Sri A.C. Lakshmikanth as Junior Grade Clerk-cum-Cashier on10.6.1992, 8.1.1983 and 4.8.1983 respectively. The petitioner-Bank had issued a Circular dated 16.5.1986 as per Annexure-A about discounting of cheques issued by the State and Central Government and other Public Corporate Bodies such as Karnataka Silk Market Board - a State Government Undertaking. According to the petitioner, it was advised in the Circular that before venturing discounting of cheques, the Discounting Officer shall refer to the Central Office and obtain clarification or confirmation as the situation demand. It is the specific case of the petitioner-Bank that when the respondents were working in their respective posts between the years 1995-96 and 1996-97, acting as in-charge Managers had discounted the four cheques in violation of the Circular dated 16.5.1986. Therefore, a Charge Sheet was issued for violation of the Head Office Circular dated 16.5.1986 bearing No. BDCCB: HO: ASO:662:85-86 against Sri D.Rangaraju and K.R. Boarajjaiah-employees for discounting the cheques unauthorisedly and causing heavy loss to the Bank for their personal gain which amounted to grave misconduct.

(3.) Similarly Sri A.C. Lakshmikantha was also issued with a charge sheet for discounting the cheques of M/s. Cavery Wineries and Distilleries; for preparing a false remittance challan for Rs.67 lakhs in the name of M/s Cavery Wineries and Distilleries without the signature of the remitter and raised the cash balance in the chest to Rs.87,84,240/- on 30.3.1996; preparing false adjustment slip for Rs.72 lakhs and crediting cheque discounting account and closing the balance in discounting account by adjusting from Current account of the Company. Again on 3.4.1996 he had prepared a false slip and debited the cheque discounting account and credited to Current account of the Company. On the same day, he had paid Rs.72 lakhs in cash by debiting current account to the Company. The entire transaction was only book adjustment. Without receiving actual cash, he had helped the Branch Manager to close the discounting account on 30.3.1996 which is the last day of the year to avoid audit objection. There was no space in the cash chest to keep such heavy cash of Rs.67 lakhs in smaller denomination for three days and that he had colluded with the Branch Manager to gain personal benefits from the company in this bogus transactions. Hence, he had committed an offence of falsification of accounts and breach of trust which is a grave misconduct of corruption in collusion with the Branch Manager.