LAWS(MPH)-2019-2-256

DURGESH KUWAR Vs. PUNJAB AND SIND BANK

Decided On February 11, 2019
Durgesh Kuwar Appellant
V/S
PUNJAB AND SIND BANK Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the orders dated 05/12/2017 (Annexure-P/19), 14/12/2017 (Annexure-P/21) and 07/03/2018 (Annexure-P/27).

(2.) Facts necessary for just disposal of the petition are that the petitioner was initially appointed on the post of Probationary Officer on 08/10/1998 in JMGS-I and she was promoted upto the post of General Manager, Scale-IV Officer in the respondent No.1 - Bank. During her service career, she worked diligently with utmost satisfaction of the authorities and there was no complaint against the petitioner. After joining the Bank, petitioner regularly attained academic qualifications and is hold (sic : holding) professional qualifications of Chartered Financial Analyst awarded by the Institute of the Chartered Financial Analysts of India University, Tripura JAIIB and CAIIB (Indian Institute of Banking and Finance, Mumbai). On 02/09/2016, the respondent No.1 - Bank has issued a communication in respect of promotion of Senior Manager (MMGS-III) to the post of Chief Manager (SMGS-IV). In the said list petitioner's name finds place at serial No.18 and place of posting was shown to be Indore, P.Y. Road-Branch within Bhopal Zone headed by the respondent No.3. Thereafter, another communication dated 23/09/2016 has been issued by the respondent No.2 informing the petitioner that Competent Authority has decided to continue the petitioner's services as In-Charge at P.Y. Road-Branch, Indore. Prior to that on 20/09/2016, charge of Branch Officer, P.Y. Road, Indore was handed over to petitioner by the then Chief Manager. On the basis of above transfer orders, spouse of the petitioner applied for transfer to Indore, who was working as Chief Manager in State Bank of India at Ahmedabad. He was transferred after a year on 13/01/2017 and joined State Bank of India at Indore. The P.Y. Road Branch was regularly categorized as high risk/fraud prone branch for many years and had continuous/repeated serious irregularities in RBIA 2015 and 2016. RBIA (Risk Based Internal Audit) is being conducted yearly in high risk branches by Head Office, Inspection Department, New Delhi. With her dedication, continuous efforts, focused approach and hard work, the petitioner was able to reduce the serious irregularities (FLASH REPORT) to just 4 points in RBIA in June, 2017.

(3.) Due to positive approach and hard work by the petitioner, P.Y. Road Branch was rated top Branch in business performance among Metro branches of Bhopal Zone. Even Chairman and Managing Director of the Bank awarded Letter of Appreciation to the petitioner by communication dated 15/11/2016. The petitioner observed many more serious irregularities and system and procedural lapses in loan accounts of the Branch, in addition to many lapses/irregularities, mentioned in RBIA report for 2015 and 2016. The petitioner therefore, vide communication dated 31/12/2016 sent details of serious system and procedure lapses, mentioning detailed facts with a prayer to conduct special audit of the Branch to deeply look into all accounts to identify the lapses and initiate necessary remedial actions to safeguard the Bank's interest to her immediate controller i.e. respondent No.3.