CHOUDHURY NIRANJAN MOHAPATRA Vs. ANDHRA BANK

JUDGEMENT

(1.) In this writ petition under Articles 226 and 227 of the Constitution of India the petitioner has assailed the order passed by the opposite parties in imposing the punishment of compulsory retirement in a Departmental proceeding and has come with the prayer for quashing the order of the disciplinary authority under Annexure-18 and order of the appellate authority under Annexure-20.

(2.) It is necessary to set out in some detail the facts which gave rise to the departmental proceedings against the petitioner resulting in the order or his compulsory retirement from service. The petitioner was initially appointed as Rural Credit Officer in Andhra Bank which was latter on re-designated as Rural Development Officer in the Grade of JM-I and the petitioner while working as such at Dhone, he was transferred to Berhampur Regional Office vide order dated July 1, 1991. Pursuant to the said order of transfer the petitioner joined in the regional office, Berhampur on July 12, 1991 and on the same day the Regional Manager, Berhampur issued order of his transfer to Kashinagar branch of the Bank. After joining at Kashinagar the petitioner submitted a T. A. bill for Rs. 9,404/- and against that T. A. Bill the petitioner drew an advance of Rs. 4,500 from Kashinagar branch on September 4, 1991. Soon after his drawing Rs. 4,500/- he was communicated through a letter dated December 17, 1991 indicating therein that he had unauthorisedly drawn advance as he was not entitled to T. A. and D. A. on account of his transfer from Dhone to Berhampur at his own request and he was asked to explain the reason for drawing such amount and was also asked to repay the said amount and close the said outstanding advance with interest. Notwithstanding the fact that in the transfer order itself it was stipulated that he was not entitled to T.A. and D.A. for the said transfer which was on his own request, the petitioner submitted his explanation vide his letter dated December 21, 1991 indicating that since he had completed more than for five years at a stretch outside his home State, he was eligible to the T. A. and D. A. His explanation was not accepted and his salary for the month of December, 1991 was withheld and he advance drawn by him against the said transfer was adjusted. While the matter stood thus, the petitioner was placed under suspension by the Personnel Manager and disciplinary authority, Head Office, Andhra Bank (O. P. No. 4) vide order dated January 9, 1992 followed by memorandum of charges dated March 18, 1992 issued by O. P. No 4 and it was alleged that he had violated Regulations 3(1) and 24 of the Andhra Bank Officers/Employees (Conduct) Regulations, 1982. In the said memorandum of charges the petitioner was asked to submit his explanation within a period of 15 days from the date of receipt of the same. On receipt of memorandum of charges the petitioner asked for time up to April 30, 1992 for submitting his explanation which was allowed and in the meantime the petitioner requested for supply of documents which were referred to in the memorandum of charges, to him for his submission of an effective explanation and he further requested for more time to furnish his explanation. In the meantime O. P. No. 4 appointed Sri Bhaskar Sahu as the Enquiry Officer to enquire into the charges. Since some deductions were made from the subsistence allowance of the petitioner, he approached this Court in OJC No. 5924 of 1992 challenging the said deductions and the said writ petition was disposed of on May 2, 1994 with a direction that the disciplinary proceeding shall be finalized by end of August, 1994 and as regards the deductions from the subsistence allowance it was directed that the interim order passed earlier staying deductions shall continue till disposal of the disciplinary proceeding. Ultimately, the copies of the documents asked for by the petitioner were supplied and petitioner submitted his explanation denying all the allegations vide his explanation under Annexure-8.

(3.) For better appreciation of the factual foundation of the allegation leading to the charges the details of the charges are extracted hereunder :-