SUJOY KUMAR ROY Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 25.6.2003 passed by the Zonal Manager, United Bank of India, Guwahati Zonal Office as the disciplinary authority dismissing him from service, as affirmed by order dated 31.3.2004 passed by the appellate authority. Facts of the case may be briefly noted.

(2.) While the petitioner was serving in the Regional Office of United Bank of India, Sibsagar Region, he was placed under suspension by order dated 22.5.2001 issued by the Deputy General Manager(Personnel) of the United Bank of India (Bank). It was stated that disciplinary action was contemplated against the petitioner for certain gross misconduct allegedly committed by him as Manager of Dehing Tea Estate Branch. Thereafter, show cause notice dated 28.5.2002 was issued to the petitioner by the Zonal Manager of the Bank, Guwahati Zonal Office, being the disciplinary authority, informing him that an enquiry was proposed to be held in terms of Regulation 6 of United Bank of India Officer Employees (Discipline and Appeal) Regulations, 1976 on the eight articles of charge mentioned therein. All the charges related to the tenure of the petitioner as Manager of Dehing Tea Estate Branch during 24.2.1997 to 22.9.2000. The substance of the allegations is that petitioner had misused his position as Branch Manager and had granted loans without ensuring proper security and some without authority, even by creating fake ledger-sheet, thereby exposing the Bank to financial risk.

(3.) Petitioner submitted his written statement on 10.6.2002 denying the allegations. He also stated that it could not be concluded that Bank was likely to suffer financial loss on account of loans granted.