ASHOK KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Shri K.N. Tripathi, Sr. Advocate assisted by Shri Ramesh Rai for the petitioner. Shri Amrish Sahai appears for the respondent- bank.

(2.) THE petitioner was appointed as Officer Grade-I, in the erstwhile Basti Gramin Bank in the year 1983. He was promoted as Officer Grade-ll in 1997 w.e.f. 13.9.2005. the bank has become joint venture of Union of India, State of U.P. and State Bank of India, and is now named as Purvanchal Gramin Bank. THE petitioner's service conditions are governed by Purvanchal Gramin Bank (Officers and Employees) Service Regulations, 2005. By this writ petition the petitioner is challenging the order dated 31.12.2007 passed by the Chairman as disciplinary authority imposing punishment upon the petitioner of reduction of rank from Officer Scale-ll to Officer Scale-l, at its first stage, and imposing penalty of Rs. 1 lac as token money. He has also challenged the order of the Board of Directors/appellate authority dated 6.5.2008, confirming the punishment.

(3.) CHARGE No. 7 related to misappropriation of Rs. 5000/- by firstly appropriating the amount on 19.10.2004 in cash at bank of the branch and thereafter transfer of this amount in the saving bank account No. 5701 of Shri Krishna Dutt Shukla, whereas this amount was not concerned with the account holder. CHARGE No. 8 related to fraudulent misappropriation of Rs. 94,500/- from out of the Gram Shiksha Nidhi of Rs. 25,11,676/- transferred by the Asstt. Finance and Account Officer, Sarv Shiksha Abhiyan, Siddharth Nagar on 27.10.2004. By transferring this amount to various branches an excess amount of Rs. 94,500/- transferred by the Asstt. Finance and Accounts Officer, by mistake. It was fraudulently transferred to the Saving Account No. 5701 of Shri Krishna Dutt Shukla, whereas this amount was to be returned to the Asstt. Finance and Accounts Officer.