SHYAMA PRASAD DEY Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) The appellant was working as a Branch Manager with the Bangiya Gramin Vikash Bank (hereinafter referred to as 'Bank') in 2012. By an order dated 26th November, 2012 the competent authority specified under the Bangiya Gramin Vikash Bank (Officers and Employees) Service Regulations, 2010 (hereinafter referred to as the 'Service Regulations') issued an order suspending the appellant as a disciplinary proceeding was contemplated against him. The misconduct mentioned in the order dated 26th November, 2012 was with respect to serious irregularities committed by the appellant while he was working in the bank at the Narajole Branch in issuing banker's cheques. The competent authority who was the Chairman of the bank suspended the appellant with immediate effect pending the departmental enquiry and its final decision.

(2.) The charge-sheet was later issued to him on 4th March, 2013. The charge against the appellant was that while he was a Branch Manager at the Narajole Branch of the bank, he and his co-signatory had wilfully and deliberately issued banker's cheques of Rs. 10 lacs to a customer without receiving any security from him. The bank was of the view that the appellant had done so in order to defraud the bank in connivance with the customer. There were several other acts of the appellant which were mentioned in the charge-sheet which, according to the bank, amounted to misdeeds and a breach of trust. This charge-sheet was signed by the disciplinary authority, namely, the General Manager. A departmental enquiry was held against the appellant after providing him all the requisite documents that he sought for. The Enquiry Officer was the Chief Manager of the bank at its head office. He submitted his report on 30th May, 2013 concluding that the appellant had committed several irregularities constituting misdeeds and had thus not discharged his duties sincerely and faithfully. The Enquiry Officer noted that the charge-sheeted employee, i.e., the appellant had denied the charges levelled against him. The Enquiry Officer also noted that there was no loss caused to the bank but that the appellant had been guilty of committing irregularities.

(3.) The appellant submitted his response to the enquiry report on 28th June, 2013. By an order dated 5th December, 2013 the disciplinary authority and General Manager compulsorily retired the appellant as a punishment for the misconduct committed by him. The appellate authority by an order dated 5th February, 2014 dismissed the appeal of the appellant.