SAILENDRA NATH KAKATI Vs. UCO BANK

JUDGEMENT

(1.) IN this petition under article 226 of the Constitution of India, petitioner has challenged the legality and validity of the order dated 04 -03 -2008 passed by the Zonal Manager, UCO Bank, Zonal Office, Jorhat as the disciplinary authority imposing the penalty of removal from service on the petitioner.

(2.) CASE of the petitioner is that while he was serving as MMGS -II in the Mukalmua Branch of UCO Bank, he was served with a show -cause notice dated 12 -09 -2006 issued by the disciplinary authority proposing to hold a disciplinary enquiry under Regulation 6 of the UCO Bank Officer Employees (Discipline and Appeal) Regulations, 1976 on the charges mentioned therein. The charges pertain to various acts, omissions and commissions allegedly committed by the petitioner in the sanctioning and disbursement of loans while serving as Assistant Manager of the Itanagar Branch. When he was transferred from Itanagar Branch to Mukalmua Branch, he had transferred the four loans accounts sanctioned and disbursed by him while functioning at the Itanagar Branch, to the Mukalmua Branch without authority with an intent to cover up the irregularities.

(3.) THE written statement of the petitioner was considered by the disciplinary authority but the same was not found satisfactory. It was, therefore, decided to hold an enquiry and for this, an Enquiry Officer was appointed. At the conclusion of the enquiry, the Presenting Officer submitted written brief on behalf of the management. Likewise, a written brief was submitted by the defence representative on behalf of the petitioner.