DESIKHAN NANDA KUMAR Vs. DENA BANK

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The Petitioner is in the service of Respondent No. 1 Bank. He had joined the services of Respondent No. 1 Bank as a clerk on 24.11.1971 and was promoted as an Officer in Grade JMGS-I on 1.6.1981. During the period 1985-89 the Petitioner was working as an Officer in the Centralized Foreign Exchange department and in the course of his duties was required to handle and scrutinize various documents pertaining to exports forwarded by other branches of the 1st Respondent across the country drawn under Letters of Credit (LC). Apart from that the Petitioner was also entrusted with the other duties. According to Petitioner in the year 1987, certain irregularities were detected in the account of one Manish Group of Industries, a constituent of the Respondent's Worli Branch. The irregularities concerned some forged bills being submitted by the constituent at Worli branch under the category of Non LC documents being Bills of Lading. The CBI conducted investigation and prima facie came to a conclusion that irregularities were committee and there was involvement of the officers and employees of first respondent. A sanction was given to prosecute the officers including the Petitioner. The Petitioner contends that the first respondent has recorded that the purchase bills were taken by Shri. Neelakanthan, the Chief Officer himself and handed over to the party directly. The fact was admitted by Shri.Neelakanthan in the departmental enquiry and he was dismissed from the services of the Bank and no such allegations was made against any other officer of the Bank including the Petitioner. The CBI has filed a case bearing No. 6 of 1992 in the Special Court, but no charges have been framed in the said matter till this date.

(3.) There are regulations framed in 1993 by the first respondent for promotion of officers from Scale I to Scale II. In Para 3.8 of the said promotion policy, an officer, facing a disciplinary proceeding or criminal prosecution can be considered in the process of selection for assessing the suitability of officers for promotion. However, considering the policy, the results of the selection for promotion of such officers were to be kept in a sealed cover after assessing their suitability for promotion. The same policy has also to be followed by Respondent Bank in case of subsequent promotions by subsequent DPC. Para 3.13 sets out that it is necessary to ensure that the disciplinary case/prosecution instituted against the officer is not unduly prolonged.