GENERAL MANAGER AND APPELLATE AUTHORITY Vs. MOHAMMAD NIZAMUDDIN

JUDGEMENT

(1.) The petitioner, a gold-medalist in Bachelor of Arts, who entered into service as a Probationary Officer in Bank of India in the year 1972, filed this Writ Petition questioning the orders of the second respondent - General Manager, dated: 20-1-1997 dismissing the petitioner from service and also the orders dated: 7.11.1997 of the appellate authority confirming the order of dismissal and for a direction to the respondents to sanction pension on voluntary retirement to the petitioner as per Bank of India (Employees) Pension Regulations, 1995. The grievance of the petitioner, which led to filing of the writ petition, is thus:

(2.) The petitioner had completed his Graduation in Arts and secured gold medal. He was selected as Probationary Officer in the year 1972 in the Bank of India and he was also promoted as Middle Management Officer in the year 1981. The petitioner had served the Bank very sincerely and without any demur till February, 1994. He applied for extraordinary leave in the month of February, 1994 and in the meanwhile, on notifying Bank Employees Pension Regulations, 1993 (Draft Regulations), he submitted his application dated: 19.5.1994 opting for pension on voluntary retirement as provided in Regulation 17 of the Draft Regulations and the same is admitted to have been received by the Bank on 23.5.1994. Pursuant to the said application, he was asked to submit all the relevant papers to settle the retirement benefits, which the petitioner did. Thereafter, as, for a considerable time, no action was taken on his application, he requested for extension of pension on retirement in view of the deeming provision contained in the Draft Regulations.In the year 1996, he also made an application for commutation of pension. But, to the petitioner's surprise, the respondents, instead of extending the pension pursuant to the petitioner's option for pension on retirement, initiated disciplinary proceedings against the petitioner on the information stated to have been received from the Vigilance Department, and, in view of the initiation of disciplinary proceedings, no further steps had been taken pursuant to his application dated: 19.5.1996 opting for pension scheme on voluntary retirement. After the initiation of the disciplinary proceedings, three charges were framed against the petitioner, which read: "Article-I Sri Nizamuddin had submitted an application for availing vehicle loan under Proposal dated: 4.9.1993 for Rs.80,000/- for purchase of one Maruti Van bearing Registration No.AEA 7000 from one Mr.Mohd. Ibrahim Asif. The loan was sanctioned by the Zonal Manager on 10.3.1993 for Rs.80,000/-. On verification, it was found that vehicle was registered in the name of Mr.Nasaruddin as on 27.7.1993 and no transaction took place upto 8.10.1993.While availing the aforesaid loan, Shri Nizamuddin has mentioned the vendor's name as Md.Ibrahim Asif in the proposal dated: 4.9.93 and submitted an undertaking for depositing stamped receipt, R.C.Book, Insurance Policy on 11.9.1993 when a pay order was issued for Rs.80,000/- to him favouring the vendor.

(3.) From the above facts it is clear that the purported vendor, namely, Md.Ibrahim Asif was not the real owner of Maruthi Van No.AEA 7000.Subsequently, Shri Nizamuddin never submitted stamped receipt, RC Book or Insurance Policy. On 23.11.1995, he deposited a chque for Rs. 95,120/- in the vehicle loan account in order to close the said account. In this above manner Shri Nizamuddin had availed a loan of Rs.80,000/- and misutilised the funds so lent without actually purchasing any vehicle and subsequently deposited an amount of Rs.95,120/- arter a lapse of 2 years and 2 months to close the account. Article-2: Sri Nizamuddin availed LTC advance of Rs.39,780/- during October, 1993 originally proposing to avail of LTC facility during 16.9.93 to 21.9.1993.