TANUMOY BASU Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE appeal being No. A.S.T No. 202 of 2014 preferred by the writ petitioner (hereinafter referred to as ''appellant/writ petitioner '') and the appeal being No. A.S.T. No.217 of 2014 preferred by the United Bank of India and the connected applications were heard analogously as both the appeals arise out of the same judgment and order passed by a learned Judge of this Court on 30th April 2014. The appellant/writ petitioner was an officer of the United Bank of India (hereinafter referred to as ''UBI ''). He is a renowned footballer and was appointed in the said Bank for his achievement in the field of football as a football player. The appellant/writ petitioner was placed under suspension with immediate effect pending departmental inquiry and its final decision, in terms of Regulation 12 (1) (a) of the United Bank of India Officer Employees ' (Discipline & Appeal) Regulation, 1976 (hereinafter referred to as the Disciplinary and Appellate Regulation 1976) by the office order dated 30th June, 2004 issued by the Deputy General Manager (Personnel) & competent authority. On 23rd November, 2004 charge -sheet was issued to the appellant/writ petitioner under Regulation 6 of the Disciplinary and Appeal Regulation 1976 asking the said appellant/writ petitioner to submit his written statement of defense, if any, within 10 days from the date of receipt of the said charge -sheet. The articles of charge made against the appellant/writ petitioner are as follows: During the tenure of your service as officer at Security Department, Head Office of the Bank from 29.01.2003 to 07.06.2004, you had failed to take all possible steps to ensure and protect the interest of the Bank and discharge your duties with utmost integrity, honesty, devotion and diligence and acted in contravention of Regulation 3(1) read with Regulation 24 of United Bank of India Officer Employees ' (Conduct) Regulations 1976 and in that you had misappropriated an amount aggregating Rs.3,85,642/ - by way of short deposit of Road Tax against Bank 's vehicles to the tune of Rs.1,60,762/ - on 26 occasions as per Annexure -I and by way of nondeposition of Rs.2,24,880/ - on 27 occasions as per Annexure -II against the withdrawals made by you for renewal of Tax Tokens. You had also utilized the amount withdrawn but deposited at a late date as per Annexure -VI for your personal gain and purposes. By your above acts of misappropriation of funds and manipulation of records the Bank has been exposed to financial loss to the tune of Rs.1,44,972/ - plus applicable upto date interest thereon and the amount of interest on Rs.2,40,670/ - (recovered from you) for the period the Bank was out of fund.

(2.) THE appellant/writ petitioner on 7th December 2014 submitted his written reply against the charge -sheet stating inter alia that due to his total involvement with football, he had very little knowledge in respect of the works of the bank as a result whereof certain irregularities might have occurred which were beyond his control and for that reason he expressed his regrets. The appellant/writ petitioner further submitted that alleged lapses, if any, were unintentional, and due to lack of knowledge in banking activities. The appellant/writ petitioner prayed for condonation of the unintentional lapses, if any, done by him. Being dissatisfied with the aforesaid written submission of the appellant/writ petitioner, the disciplinary authority on 16th December 2004 appointed Enquiry officer and Presenting Officer to conduct the enquiry proceeding. Thereafter, on 31st January 2005, the disciplinary authority made an amendment to the charge -sheet dated 23rd November 2004. On 10thJanuary, 2005 the departmental enquiry in respect of the charges levelled against the appellant/writ petitioner and mentioned in the charge -sheet dated 23rd November, 2004 was initiated. Thereafter, the enquiry continued till 7th march, 2005 taking into consideration both of the charge -sheets dated 23rd November 2004 and amended charge -sheet dated 31st January, 2005. The appellant/writ petitioner participated in the said enquiry proceeding.

(3.) BY a Memo dated 24th March, 2005 the disciplinary authority forwarded a copy of the Report of the Enquiry Officer and asked the appellant/writ petitioner to submit reply. The appellant/writ petitioner by letter dated 16th April, 2005 denied the conclusion arrived at by the Enquiry Officer and also expressed his eagerness to meet up the financial loss that have been incurred by the said bank by depositing the amount of Rs.1,44,972/ - along with interest @ 9 per cent and thereafter the appellant/writ petitioner was permitted to deposit the aforesaid amount and accordingly the appellant/writ petitioner deposited Rs.1,55,589/ - vide pay order dated 22nd April, 2005.