JAGADISH PRASAD AWASTHI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) SHRI Jagadish Prasad Awasthi while working as the Branch Manager of Allahabad Bank faced a disciplinary proceeding, inter alia, on the charges mentioned in the charge sheet. The Bank initially issued a show chause notice to him on January 9,1984, inter alia, asking him to show cause why appropriate action would not be taken for the irregularities and/or indiscipline mentioned in the said show cause notice committed during his tenure as Manager of Tejpur Branch between July 3, 1981 and May 31, 1983. The said notice was issued by one R.S. Sharma, the then Regional Manager of the Bank. The Bank, however, did not proceed further on the basis of the said show cause notice contemporaneously. After about two years on March 25, 1986 while Shri Aswathi was working as an officer of the Bank posted at Guwahati Branch he was charge sheeted for his ommission and/or commission of indiscipline and/or irregular activities while working as a Manager of the Bank at Tejpur during the period August 7, 1981 and May 31,1983. The show cause notice is appearing at pages 88 -90 of the Paper Book whereas the charge sheet is appearing at pages 91 -94 thereof. On a comparative study of both the notices it would appear that some of the charges were modified whereas some were dropped in the charge sheet. On a plain reading of the charge sheet it appears that the incumbent was charged for his lapses while dealing with the accounts of several constituents of the Bank. He also remained absent unauthorisedly on September 1, 1982 and September 2,1982. It subsequently revealed that on those two days he remained absent at the branch without any appropriate authority. He, however, handed over the key to one of the staff of the Bank. As a result, the Bank could open on those two days. It, however, could not function properly on those days in absence of a Manager and/or any officer having appropriate authority to act as Manager. He proceeded on leave on June 1, 1983 by submitting a leave application and kept himself absent till January 29,1984 although the Regional Office had informed him on November 7, 1983 that no further leave could be granted to him. He again absented himself from duty from August 15, 1984 till January 25, 1985 and such leave could not be regularised in absence of any available leave to his credit. He granted loan to various transporters without having any authority and without informing the superior authority. It later on transpired that in some of the cases he informed the superior authority at a later stage while in some cases he did not. He was also charged for removing documents from a bank file and later on returned those to the Bank. He made trunk calls involving an expenses of Rs. 1664.00 without making any corresponding entry in the Bank record. Awasthi gave a detailed reply to the charge sheet appearing at pages 95 -100 of the Paper Book.

(2.) AWASTHI was afforded adequate opportunity to defend himself in the said proceeding.

(3.) THE Enquiry Officer gave a detailed enquiry report appearing at pages 101 -121 of the Paper Book. Out of eight charges six charges were found partly proved and two charges were found to be fully proved. The disciplinary authority being the Assistant General Manager, Mr. P.N. Rattan by his reasoned order dated August 25,1987 appearing at pages 122 -125 of the Paper Book imposed punishment of compulsory retirement. Awasthi preferred an appeal. The appellate authority dismissed his appeal by a reasoned order appearing at pages 149 -153 of the Paper Book. Awasthi approached the learned Single Judge by filing a writ petition being C.O. No. 13398(W) of 1988. The learned Single Judge by judgment and order dated November 9,2000 appearing at pages 217 -231 of the Paper Book dismissed his writ application. Hence, this appeal.