THE SYNDICATE BANK Vs. B. K. MAHIM

JUDGEMENT

(1.) THIS appeal is preferred by the Syndicate Bank and its officers against the judgment of the learned single Judge interfering with the order of dismissal of the first respondent from service on the basis of Syndicate Bank Officer Employees(Conduct)Regulations,1976.Learned single Judge also set aside the enquiry report dated July 20,1989 and various orders issued pursuant thereto.

(2.) SHORT facts which are necessary for the disposal of the appeal are as follows.One M.Damodaran,applied for a vehicle loan of Rs.17,000/ - from the Mulleria Branch of the Syndicate Bank for the purchase of a new autorikshaw.First respondent was functioning as the Manager of the said Branch at that time.First respondent -delinquent Officer agreed to arrange the loan,and as a precondition complainant was directed to remit margin money of Rs.6000/ -.Complainant remitted the margin money in various instalments,final instalment of which was remitted on September 1,1984.For sanctioning the loan,delinquent officer demanded a sum of Rs.2,000/ - which the complainant found difficult to pay.Complainant later visited the bank on October 5,1984 and made enquiries about his loan application.Delinquent officer informed the complainant to come after a few days.When the complainant met him on October 12,1984 he reiterated the demand.

(3.) INSPECTOR Thomas John,complainant,Kumaran,Narayanan and other CBI officials reached the premises of the bank.Complainant proceeded to the bank along with Kumaran.Complainant then entered the room of the delinquent officer and occupied the chair placed in front of him.At that time Inspector Thomas John and Narayanan were standing in the verandah of the bank.Kumaran stood in front of the counter under the pretext of getting some forms from the bank.Delinquent officer enquired from the complainant about the money.Complainant replied that he had brought Rs.1000/ -.Delinquent officer insisted that balance amount of Rs.1000/ - should also be paid for which the complainant agreed.Complainant then took the currency notes from his pocket and handed over the same to the delinquent officer.Delinquent officer accepted the currency notes with his right hand and after counting the same he kept it on his table.The incident,happened at about 12.15 p.m.on October 17,1984.On receipt of the money by the delinquent officer,complainant came out of the cabin and showed the prearranged signal.Inspector Thomas John,Inspector Vijayakumar and other members of the party accordingly entered the cabin of the delinquent officer and arrested him.Thereafter delinquent officer's right hand fingers were subjected to the sodium carbonate solution test which yielded positive result.