SATYAPAL G PURSWANI Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The petitioner while serving as Assistant Secretary/Manager, Office of Banking Ombudsman, Reserve Bank of India, Bhopal on deputation was subjected to a disciplinary enquiry and has been charged with an attempt to defrauding the Bank by submitting bogus TA bills and forged transport receipts and failed to return original Bank's documents taken by him for corrections. The Enquiry Officer gave a finding that all the charges levelled against the petitioner were proved. The disciplinary authority awarded the punishment of removal from service which shall not be a disqualification for future employment in terms of Regulation 4(i) of the Central Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976 (in short '1976 Regulations'). In appeal, the appellate authority has held that the punishment awarded to the petitioner is little harsh and as such awarded punishment of "Compulsory Retirement" under Regulation 4(h) of 1976 Regulations.

(2.) The petitioner in this writ petition under Article 226 of the Constitution of India is challenging punishment order dated 3-3-2004 (Annex.P-13) passed by the disciplinary authority and order dated 27-9-2004 (Annex.P-16) passed by the appellate authority on the ground that none of the charges levelled against him has been proved and the punishment awarded is harsh and shockingly disproportionate to the misconduct allegedly proved against the petitioner, whereas no such attempt has been made by him to defraud the Bank by submitting bogus TA bills and forged transport receipts and prayed that he be reinstated in service with all consequential benefits, in accordance with law.

(3.) Fact briefly stated are that in the year 2002 the petitioner was working as an Officer/Manager of Central Bank of India and was posted at Sagar. In the month of May, 2002 he was transferred from Sagar to Bhopal and was posted as Manager/Assistant Secretary in the Office of the Banking Ombudsman, Reserve Bank of India, Bhopal, on deputation. In pursuant to the transfer order he joined at Bhopal on 27-5-2002. He transported his household goods through one Shri Sudhir Kumar Katyayani, owner of Narvade Transport Company, besides being known as an agent of TCI. Shri Sudhir Kumar Katyayani was known to him as daughters of both of them were friends and class-fellows. Shri Katyayani agreed to transport the household goods of the petitioner through TCI from Sagar to Bhopal for a freight of Rs. 5,000/-. Accordingly the goods were loaded by his labour in the night of 22-6-2002 from Sagar. The goods were delivered in the morning of 23-6-2002 to his wife at Bhopal and freight of Rs. 5,000/- was paid to him. He handed over MTR No. 9982 and Money Receipt No. 9582 dated 22-6-2002 to his wife Smt. Kavita Purswani. The petitioner reached Bhopal on 25-6-2002 and submitted his transfer TA bill along with the said MTR and the Money Receipt on 1-7-2002. The petitioner submitted transfer Bill dated 1-7-2002 for Rs. 10,826/- to Chief Manager - PRS, Zonal Office, Bhopal for its sanction claiming therein Rs. 5,000/- for transporting his household goods which were booked by him vide MTR No. 9982 dated 22-6-2002 at Sagar and delivery of goods was made at Bhopal on 23-6-2002 at his permanent residence at Bhopal. On 15-7-2002 he was telephonically informed by Manager (PRS), Zonal Office, Bhopal about some discrepancy in the MTR and Money Receipt. He submitted a letter requesting therein to give him back the original MTR and M.R. for rectification of discrepancies out of the sanctioned T.A. Bill and took back the original MTR No. 9982 along with money receipt No. 9582 from PRS Department, Zonal Office, Bhopal for the purpose of rectification. He further handed over the said MTR and Money Receipt of TCI to Shri Sudhir Kumar Katyayani for rectification. On 27-8-2002 he contacted the transporter. He was told that the said MTR and money receipt have been cancelled and he was handed over MTR No. 27 and money receipt dated 22-6-2002 issued by M/s New Omega Transport and Packers to him. On 28-8-2002 he informed the factual position to Chief Manager (PRS) and withdrew his claim for reimbursement of Rs. 5,000/- against MTR of TCI.