UCO BANK Vs. R D GUPTA DECD

JUDGEMENT

(1.) Mr. R.D. Gupta (deceased) respondent was working as the Chief Cashier at Maya Puri Branch of the appellant Bank. He was charge sheeted for having dishonestly and fraudulently making wrongful gain of Rs. 6,630.00 by falsely and incorrectly crediting the voucher of this amount in the name of Mr. Vakil Mahato in his name and in his account. He mis-appropriated the said amount which was actually meant for one Shri Vakil Mahato a class `D' employee of this Bank. Enquiry was conducted. Report was submitted. The Disciplinary Authority imposed a penalty of withholding of two increments of pay with cumulative effect and the period of suspension was directed to be treated as not spent on duty. The Reviewing Authority, however, after perusing the record found that this act of the respondent was prejudicial to the interest of the Bank, therefore, passed the order thereby enhancing the penalty of removal from service. It was against this order of enhanced penalty that the respondent filed the writ petition which was allowed by the impugned order dated 15th July, 1998.

(2.) The appellant Bank by this appeal has assailed the impugned order, inter alia, on the ground that the learned Single Judge did not appreciate that the Reviewing Authority had the power to enhance the punishment. The Reviewing Authority while differing with the Disciplinary Authority's decision assigned reason for the same. The sufficiency of that reason can not be gone into by this Court in a writ jurisdiction.

(3.) In order to appreciate the contention raised at the Bar by Counsel for the parties, we deem it appropriate to have quick glance to the facts of this case as well as relevant regulations known as UCO Bank Officer Employees' (Discipline and Appeal) Regulations, 1976 as well as the contents of the show cause notice and the final order passed by the Reviewing Authority against the respondent. Regulation 18 which is relevant for the determination of this case is reproduced as under:-