J SRINIVAS RAO Vs. UCO BANK, HYDERABAD

JUDGEMENT

(1.) THIS is second round of litigation in relation to the disciplinary proceedings initiated against the appellant.

(2.) THE appellant was initially appointed as a Clerk in the 1st respondent Bank, in the year 1978. He earned promotions as J.M.G. Grade -I and II, in 1986 and 2000, respectively. During the year 2002, he worked as Assistant Manager in the Branch of the 1st respondent at Rajahmundry. At the relevant point of time, a scheme known as UCO Mega Cash Loans was entrusted to the appellant.

(3.) IN the year 2003, the appellant was working in a branch at Husnabad. A charge sheet, dated 02.09.2003, was issued to him, wherein 8 charges were framed. All the charges, related to the alleged irregularities said to have been committed by the appellant, while he was working in the branch at Rajahmundry. The appellant submitted the explanation and not satisfied with the same, the 1st respondent ordered disciplinary enquiry. The Enquiry Officer submitted a report on 14.05.2004, holding that all the charges are proved. The Disciplinary Authority i.e. the 1st respondent, accepted the report of the Enquiry Officer. He passed an order, dated 28.06.2004, imposing separate punishments for each charge, the highest being the one, of dismissal from service. On appeal, the appellate authority reduced the punishment to that of compulsory retirement. The same was challenged in W.P.No.13052 of 2007 (reported in J.Srinivasa Rao v. UCO Bank, Kolkata, 2008 6 ALD 199). This Court allowed the writ petition, on 01.08.2008, holding that imposition of separate punishment for each of the charges cannot be sustained in law. Serious defects were found in the report of the Enquiry Officer. Therefore, the order of punishment was set aside, and the matter was relegated to the stage, preceding the submission of the report by the Enquiry Officer.