VISHWA BHARTI ARYA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Shri H. R. Misra, senior advocate assisted by Shri K. M. Misra for the petitioner. Sri K. N. Misra appears for respondent-bank.

(2.) SHRI Vishwa Bharti Arya, the petitioner was appointed as District Manager/Senior Manager by direct recruitment in U. P. Sahkari Gram Vikas Bank Ltd. on 11.4.1994. He was promoted as Asstt. General Manager/Regional Manager on 3.3.2000. In the relevant period between 16.4.1996 to 1.7.1998 he was posted as Senior Manager at branch and District Pilibhit.

(3.) A charge-sheet dated 29.8.2005 was served upon the petitioner with seven charges. The charge No. 1 related to the disbursement of loan to 80 persons on the security of leased lands under the Government Grants Act, 1980, of which borrowers were not in possession. The charge No. 2 related to 111 out of 418 cases of loans disbursed under the Government Grants Act in which no recovery could be made. The charge No. 3 was in relation to disbursing loans to 158 persons, who were defaulters of the bank, in violation of bank norms and loaning procedure. The charge No. 4 was to the effect that loans were disbursed to 44 defaulters in the interval of less than six months by violating bank norms. The charge No. 5 related to three more loans granted to persons in violation of bank norms. Charge No. 6 charged the petitioner with failing to assess the asset creation, the loan repaying capacity and financial position of the lessees under the Government Grants Act and the last charge No. 7 related to disbursing the loan to those borrowers, who had an old history of not repaying the loan.