SHRIKANT AGRAWAL (DEAD) THROUGH L.RS. SMT. RAJESHWARI AGRAWAL AND OTHERS Vs. CENTRAL BANK OF INDIA AND OTHERS

JUDGEMENT

(1.) The present petition was filed by Shri Srikant Agrawal. During the pendency of this petition, the petitioner died and vide order dated 4-9-1998 passed in this Court legal representatives of the petitioners were brought on record.

(2.) The petitioner was appointed as Clerk-cum-Cashier on 18-1-1971. Thereafter he was promoted to the post of Junior Management Grade Scale-I on 1-1-1978. He was further promoted to the post of Middle Management Grade Scale-II vide order dated 30-6-1987 (Annexure P-1). He was posted as Branch Manager in Jaithari Branch (Sahdol Region) from 16-10-1984 to 25-1-1986. He was further looking after the work of Branch Manager at Birsinghpur Pali Branch (Sahdol Region) also from 26-1-1986 to 16-1-1987, in the Junior Management Grade Scale-I.

(3.) When Shri Srikant Agarwal (Shri S.K. Agarwal) was posted as Internal Auditor, Audit Zone, Calcutta, he was served with memorandum dated 17-6-1991 (Annexure P-2) informing him that it was proposed to hold a Departmental Enquiry against him in regard to the imputation of misconduct set out in the enclosed articles of charge. The statement of misconduct in support of articles of charge was also enclosed with the memorandum. According to the charge-sheet, there were two charges of granting loans. The first charge is for the period when the petitioner was posted at Jaithari Branch. During that period the petitioner granted loans to Shri Dashrath Prasad Soni, Kum. Rita Soni (minor daughter of Shri Dashrath Prasad Soni), Ku. Sangita Soni (minor daughter of Shri Dashrath Prasad Soni), and Master Sanjay Kumar Soni (minor son of Shri Dashrath Prasad Soni) for the purpose of mobile grain shops. The second charge was for the period when the petitioner was posted at Birshingpur Pali Branch. During that period the petitioner granted loans to Shri Birendra Kumar Lal, Shri Nirbhay Chand Lal, Shri Abhay Chand Lal, and Shri Rajesh Kumar Sharma for the purpose of electrical goods shop, and further allowed clean overdraft to M/s. Mithila Electricals (proprietor of which was Shri Nirbhay Chand Lal). Thus, the petitioner was charged with misconducts under Regulation 3 (1) (3) read with Regulation 24 of Central Bank of India Officer Employees' (Conduct) Regulations, 1976 (for short 'the Regulations, 1976') for causing monetary loss of about Rs. 1,04,455.00 and Rs. 94,094.00 to the bank. Thereafter, corrigendum dated 28-10-1991 (Annexure P-3), 2-12-1991 (Annexure P-4) and 27-3-1992 (Annexure P-5) were issued for correcting typographical errors in the charge-sheet.