KALPATARU SENAPATI Vs. ODISHA GRAMYA BANK AND ANOTHER

JUDGEMENT

(1.) This writ petition involves challenge to the orders involving Annexures-2, 5, 7 and 9 and further for a direction to the opposite parties to reinstate the petitioner in service and to treat the period of his suspension and the entire period since when the petitioner went out of service till the date of his resumption in duty on reinstatement as on duty with all consequential reliefs.

(2.) Factual narratives involving the case as available from the pleadings is; on or about 17.09.1996 petitioner joined Sankhatras Branch of Cuttack Gramya Bank as a Field Officer while one Sri D.P. Dora was working as permanent Branch Manager and one Sri S.C. Mishra as Cashier-cum-clerk of the said Branch. During 17.09.1996 to 17.08.1998 Sri Dora continued as Branch Manager. There were regular detail inspections and snap inspections during the above period. In the month of August, 1998 Sri Dora was transferred and in his place one Sri B.D. Parida was posted as Branch Manager, but for some reason or other, Sri Parida's joining was delayed and in the meanwhile the petitioner was kept temporarily in-charge of the Branch. On 09.02.1999, the petitioner's wife died, while he was on leave, one Amiya Das, Field Officer, Balikuda Chhak Branch remained in-charge of Sankhatras Branch. In the month of March, 1999, as it as a closing month, on the request of the Area Manager, the petitioner was asked to perform closing work. It was, however, the entire accounts and closing work were completed by the Cashier-cum-Clerk, Sri S.C. Mishra and one deputed C/C Maheswar Moharana under the supervision of the petitioner. While continuing on leave the petitioner also prayed for transfer on account of his unable to perform duties both as Manager and Field Officer in the said Branch for the sad demise of his wife. Sri B.D. Parida, who was transferred and being appointed as Branch Manager, failed to join for about one and half years and thus compelling the petitioner to continue temporarily in-charge Branch Manager till 05.03.2000. On 11.03.2000 Sri S.C. Mishra was relieved and transferred, in the meantime, the petitioner remained on leave on account of "Sradha ceremony" of his father and on the very next day the petitioner was informed over telephone about the fraud taken place in the Bank and that Sri S.C. Mishra, the Cashier-cum-Clerk got absconded. A F.I.R. was lodged on 16.07.2000 at the Sadar Police Station, Cuttack by Sri B.D. Parida on the alleged fraud in the accounts and misappropriation committed in the Bank. The Head Office in the process suspended the petitioner and Sri S.C. Mishra on 17.07.2000. It is further pleaded that while the petitioner was continuing under suspension, a charge-sheet was framed involving a Vigilance case and communicated to the petitioner on 13.03.2001. It appears that the charge-sheet was framed by the Vigilance Officer, Sri B.S. Nanda appearing to be the uncle of Sri S.C. Mishra. Petitioner requested for supply of documents for submitting his show-cause, supply of the documents being refused, the petitioner under compulsion submitted a showcause on 08.06.2001. It is also alleged that the petitioner was not even allowed to verify the ledger and books of accounts despite the repeated reminders and representations dated 27.03.2001 and 03.05.2001. Establishment appointed one N. Rath as the Enquiring Officer and one A.K. Hota as Presenting Officer. In the meantime, Sri N. Rath was taken out and one Sri P.C. Pradhan was appointed as the Enquiring Officer. A couple months after, the Presenting Officer was also replaced by one Sri B.K. Biswal. There is also subsequent change of the Presenting Officer Sri Prakash Mishra. On 13.02.2003 there is again a change of the Enquiring Officer by appointing one Sri S.K. Mohanty. Upon completion of the enquiry, the enquiry report was submitted on 24.12.2003. Based on the recommendations in the enquiry, the disciplinary authority passed an order of punishment of dismissal against the petitioner on 06.02.2004 appearing at Annexure-7. Petitioner preferred appeal and the appeal was also dismissed vide the order of dismissal appearing at Annexure-9 resulting the filing of the present writ petition.

(3.) Assailing the notice to show-cause, enquiry report, the order of dismissal and the order in appeal, Shri Ray, learned senior counsel appearing for the petitioner submitted that the charges involving the petitioner have been framed under nonexistence Service Regulation which got natural death in the year 2000 for being repealed and substituted by Cuttack Gramya Bank Officers Service Regulation, 2000 (for short the "Regulation, 2000") came into force with effect from 26.02.2001.