ASHOK KUMAR MONGA Vs. UCO BANK

JUDGEMENT

(1.) The petitioner was working with UCO Bank. He was appointed as Assistant Cashier on 26-8-1967 and was promoted as Special Assistant on 16-11-1977. As a Special Assistant he was in the workmen category. The workmen staff in the banks are governed by Bipartite Settlement, Shastri and Desai Awards in respect of various service conditions. He was promoted to the post of Junior Management Grade (Scale-I) (hereinafter referred to as JMGS-1 "for short") w.e.f. 1-5-91. As JMGS-1 he came in Officer rank. Officer in the bank in disciplinary matters, are governed by "United Commercial Bank Officer Employees" (Discipline and Appeal) Regulations, 1976 (hereinafter to be referred as (Discipline and Appeal) Regulations).

(2.) While petitioner was working as Special Assistant and was posted in Chawri Bazar Branch of the bank, three FDRs of Rs.25.000.00 each on the basis of transfer voucher were prepared in the name of one Shri Ramesh Kumar on 23-3-81 for a period of 46 days. Petitioner was one of the signatories on these three FDRs, Other signatories being Shri Mohan Jotwani, the then Manager of the FDR Department. These FDRs matured on 8-5-81 and said Shri Ramesh Kumar encashed these FDRs by withdrawing money along with interest. Later it came to the notice of the bank that these FDRs were fictitious. Bank lodged FIR against petitioner and two other persons, namely, Shri Satish/Respondent No.6 and Shri S.K. Mehrotra/Respondent No.7 in this writ petition. On the basis of this FIR, criminal case under Section 120 read with Section 420 Indian Penal Code and Section 5(2) of the Prevention of Corruption Act was registered against the petitioner and the other two accused named above. Accordingly, Respondent Bank informed petitioner about the registration of aforesaid case on 7-4-82 and suspended the petitioner by the said order. After investigation CBI submitted its report in April, 1983 exonerating the petitioner of any criminal act stating that there was no evidence to prosecute the petitioner in court of law for the alleged offences of fraud and corruption.

(3.) However, vide letter dated 5-12-83 petitioner was informed that it had been decided to take disciplinary action against the petitioner and he was asked to submit his explanation. Letter/Show cause Notice dated 5-12-83, which was served upon the petitioner earlier was treated as charge-sheet. Petitioner submitted his explanation denying the charges. The explanation was found to be unsatisfactory and bank decided to conduct enquiry against the petitioner. Accordingly, vide Memorandum dated 25-5- 84 Shri R.K. Samaiya was appointed as Enquiry Officer and Shri D.K. Parwani was appointed as Presenting Officer.