RAJENDRA KUMAR TIWARI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M Batt, learned counsel for the petitioner and Mr. G Tarak, learned counsel for respondent Nos. 2, 3 and 4. Also heard Ms. P Sangeeta learned counsel for respondent No. 1.

(2.) By filing this writ Petition, the petitioner has challenged the Order dtd. 24/6/2015 (Annexure-8) issued by the Disciplinary Authority dismissing the petitioner from service with immediate effect and to pay fine of Rs.80.00 lakhs along with interest @ 14% per annum w.e.f. 31/3/2009. The petitioner has also challenged the minutes of the Board of Directors' Meeting held on 1/6/2016 (Annexure-11) by which, the appeal filed by the petitioner was rejected.

(3.) Brief facts of the essential for disposal of the writ petition is that the petitioner joined the Arunachal Pradesh Rural Bank as Junior Management Scale-1 in the year 1985 and he was subsequently promoted to the post of Manager and posted at Kimin Branch in the month of January 2006. While working as such, he was placed under suspension vide Order No. 37/3179 dtd. 17/2/2010 on the allegation of misconduct. An FIR was also lodged against him by one Pulakesh Paul on 8/3/2010 before the Officer-in-Charge of Kimin Police Station, alleging that the petitioner has committed serious irregularities during the period from July 2009 to December 2009. The FIR further indicated that the preliminary investigation report dt. 5/2/2010 indicated that a sum of more than Rs.80.00 lakhs had been misappropriated and that the petitioner had executed a lease deed with the landlord of the building occupied by the Kimin Branch of Arunachal Pradesh Rural Bank enhancing the rent without the prior approval and permission of the Head Office. On receipt on the FIR, Kimin P.S Case No. 10/2010 under Sec. 408 of the Indian Penal Code (IPC) was registered and investigation initiated.