VINOD KUMAR Vs. BANK OF INDIA

JUDGEMENT

(1.) Heard Mr.Kapil Deo, Senior Advocate duly assisted by Mr.Ashwani Kumar, learned Counsel for the petitioner and Mr.Lalit Shukla, Advocate appearing for the respondent-Bank.

(2.) Petitioner, who was working as Staff Officer MM-III in the Bank of India, was dismissed from the service, has filed the instant writ petition questioning the validity and correctness of the dismissal order dated 25.6.2010, appellate order dated 16.9.2010, forfeiture and recovery order dated 6.8.2010 including the order dated 22.9.2010 passed on the application, contained in Annexure Nos.1, 2, 3 and 4 to the writ petition.

(3.) Bereft of unnecessary details, in short, facts of the case are that during the period 24.5.2005 to 23.5.2007, when the petitioner was posted as Chief Manager, Bank of India, Rudauli Branch, the Branch received a loan application from one Rajesh Singh for setting up a rice mill in the name of M/s Singh Rice Mill in the month of December, 2005. The loan was proposed to be secured by mortgage of land of Khasra nos.2600 and 2656, which was in the name of the proposed Guarantor Shri Tej Bhan Singh whereas the rice mill was proposed to be set up on a separate land, namely, khasra No.2933. After receipt of application for grant of loan, the petitioner carried out the pre-sanction inspection and submitted its report on 24.1.2006 indicating therein that two properties were inspected, viz., the properties which were proposed for mortgage and the property on which the mill was situated. Thereafter, the papers were given to Shri G. N. Khare, an Advocate on the Bank's Panel for the last 25 years, who, in turn, submitted its report dated 22.12.2005 certifying that the land of Khasra Nos.2600 and 2656 could be mortgaged in favour of the bank. The proposal was sanctioned by the Bank and the land Khara Nos.2600 and 2656 was mortgaged in favour of the Bank.