LAWS(ORI)-2020-11-14

CHAIRMAN ODISHA GRAMYA BANK Vs. RAMA CHANDRA BEHERA

Decided On November 27, 2020
Chairman Odisha Gramya Bank Appellant
V/S
RAMA CHANDRA BEHERA Respondents

JUDGEMENT

(1.) This Writ Appeal assails the judgment dated 24.12.2019 passed by learned Single Judge in W.P.(C) No.6558 of 2002 which allowed the Writ Petition filed by the present respondent while interfering in the inquiry process by setting aside the appointment of Sri P. K. Bose as an Inquiry Officer along with all proceedings conducted by him including the second show-cause notice in holding that the inquiry proceedings initiated against the present respondent by Sri P.K. Bose is unsustainable, illegal, improper, unjust and also contrary to the settled principle of law.

(2.) The factual conspectus of the case rests on the fact that the present respondent was appointed as Clerk-cum-Cashier in Balasore Gramya Bank on 13.01.1982 and posted in Mitrapur Branch of Balasore Gramya Bank in the District of Balasore on 12.06.1985. Subsequently, he was promoted to the Officer Scale-I w.e.f. 28.04.1989. However, later, he was placed under suspension on the ground of financial irregularities, fraudulent activities, misappropriation of public/Bank's money and manipulating Bank's record while working as an Additional Officer in Mitrapur Branch of Balasore Gramya Bank.

(3.) On the basis of breadth and depth of charges levelled hereinabove, the Respondent was slapped with Article of Charges with statement of allegations on 24.09.1998 and additional Article of Charges with statement of allegations on 25.10.1998. The said Article of Charges and statement of allegations portrays the commission of major financial irregularities by way of fraudulent activities, misappropriation of public/Bank's money, disbursement of loans and advances by manipulating bank records, deliberate flouting of Bank's Rules and procedures, displaying gross negligence in duty, failure to serve the Bank faithfully and honestly which is grossly deviated from the proverbial 'reasonable person'.