KUSHAL CHATERJEE Vs. UCO BANK

JUDGEMENT

(1.) The Petitioner was working as an Assistant Manager in UCO Bank. Sahid Nagar Branch. Bhubaneswar which is one of the Nationalized Bank of India having nationwide network.On scrutiny It was found that during his incumbency between October. 1982 to March. 1988 he had indulged in several acts of omission & commission (sic) misutilized his power & post which was unbecoming of a Bank Officer. On Coming to know about the said irregularities in the interest of customers & the Bank it was decided to initiate a Disciplinary Proceeding & following charges were framed :

(2.) After receiving the charges, it is alleged, the Petitioner requested the Senior Manager, UCO Bank, Sahidnagar Branch to supply 17 Nos. of documents. It is alleged that for the reasons best known no document was supplied to the Petitioner. Thereafter, the Petitioner submitted his written statement of defence. On 08.1.1998 the Enquiry Officer & Presenting Officer were appointed by the Disciplinary Authority in consonance with Regulation 6(2) & (6) of the UCO Bank Officers Employees (Discipline & Appeal) Regulation, 1976 (hereinafter referred to as 'Regulation, 1976) to enquire into the charges. The Enquiry Officer commenced the enquiry & after vivid discussion of the materials available on record & relying upon about 45 documents which were exhibited & marked as Management Exbts.1 to 45 as well as the oral evidence, submitted his report on 12.8.1999 with an observation that Charge Nos. 1 to 7 have been proved against the Petitioner. A copy of the enquiry report was duly supplied to the Petitioner & after observing all paraphernalia's & considering the materials available on record in proper perspective the Disciplinary Authority by his Order Dated 08.10.1999 (Annexure-5) in exercise of power conferred upon him under Regulation, 1976 imposed the punishment of "removal from service" apart from other punishments.

(3.) Being aggrieved by the punishment imposed I the Petitioner preferred an appeal before the General Manager (Operation-II), UCO Bank, Calcutta. The Appellate Authority after scrutinizing the evidence & other materials available on record, rejected the appeal by Order Dated 29.3.2000 (Annexure-7). It appears the Petitioner has preferred a Mercy Petition before the Executive Director, UCO Bank - Opp. Party No. 1 but then no orders having been passed thereon he has approached this Court with a prayer to quash the order of punishment as well as the order passed by the Appellate Authority.