BAL KUMAR MISRA Vs. LUCKNOW KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) The petitioner has approached this court challenging the order dated 11.06.2005 passed by the respondent no.5 by means of which the petitioner has been compulsorily retired from service by way of punishment after departmental enquiry and the order dated 24.02.2006 by means of which the departmental appeal of the petitioner against the punishment order has been rejected. The petitioner has further prayed for a direction to the respondents to allow the petitioner to work and continue on the post of Branch Manager of Lucknow Chhetriya Gramin Bank ignoring the aforesaid order.

(2.) The brief facts of the case for adjudication of the present writ petition are that the petitioner was appointed as an officer in Shrawasti Gramin Bank, Bahraich in the month of October, 1989. In due course of time he was promoted to the post of Manager Scale-II. In the month of June, 1998 he was posted as Manager in the Mahasi Branch of the bank where he continued to work till april, 2002 when he was transferred to Chafariya Branch of the bank. An Inspector of the bank inspected the Mahasi Branch on 08.06.2002 and detected several irregularities committed in the bank. One Smt. Badrun Nisha had made a complaint to the Manager that a sum of Rs.2806 (correct figure is 2000) deposited by her had not been shown in the ledgers maintained in the bank and there were difference in the entries of the passbook. A similar complaint was made on 12.06.2002 by one Shri Ghasite stating that he had come to know that the money deposited by him had not been entered in the records of the bank though it was entered in the passbook and there upon he has lost faith in the bank. On 08.6.2002 the Clerk-cum-Cashier of the bank Shri Bal Mukund Trigunayat made statement that the work of parallel banking was being done in the bank for the last two years in collusion with the Ex-Manager- Shri Bal Kumar Mishra. The class-IV employee Shri Navrang Kishor Tiwari also made an statement on 11.06.2002 before the then Chairman pointing out certain irregularities committed by the petitioner. During posting of the petitioner as Manager in the Mahasi Branch there were only three members in the staff; the petitioner- Branch Manager, Shri Bal Mukund Trigunayat- Clerk-cum-Cashier and Shri Navrang Kishor Tiwari- a Class-IV employee (messenger).

(3.) In view of aforesaid irregularities came to light the petitioner was suspended by means of the order dated 12.06.2002 and the disciplinary proceedings were instituted against the petitioner. The petitioner, being aggrieved by the suspension order dated 12.06.2002, had filed Writ Petition No.934 S/B of 2002 which was dismissed on 06.08.2004 on the statement of the counsel for the bank that the enquiry against the petitioner has already been completed and the final order would be passed within two weeks.