R LALTHANZAMA Vs. MIZORAM RURAL BANK

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel appearing for the petitioner and Mr. T. Lalnunsiama, learned counsel for the respondents Mizoram Rural Bank.

(2.) The petitioner, namely, R. Lalthanzama since 20.05.1985 was a regular employee of the Mizoram Rural Bank (hereinafter referred to as the said Bank). While he was serving as a Branch Manager of the said Bank in the Suangpuilawn Branch, on allegation of commission of serious act of misconduct which was detrimental to the interest of the Bank, the Chairman & Disciplinary Authority vide order under Ref. No. G-26/55 dated 13.11.2007, pending disciplinary proceedings, suspended the petitioner from service with effect from the said date (Annexure-III to the petition).

(3.) The respondent No. 2, the Chairman of the Bank being the Disciplinary Authority vide his Ref. No. G-25/994 dated 07.05.2008 issued a Show Cause Notice to the petitioner with the allegations/Articles of 2 (two) Charges that (i) while the petitioner was working in the Suangpuilawn Branch of the said Bank, during the period from 28.02.2007 to 13.11.2007 allegedly misappropriated Rs. 9,11,700/- violating Regulation 19 & 38 of Mizoram Rural Bank (Officers & Employees) Service Regulations, 2003 and (ii) during the aforesaid period while serving in the said Branch of the Bank the petitioner allegedly withdrew Rs. 9,11,700/- from the closed SB Account No. 539 of Laldinsanga Khawlian on four occasions. Along with the said Show Cause Notice dated 07.05.2008, list of documents by which and list of documents by whom the said articles were proposed to be sustained were also enclosed. By the said Show Cause Notice the petitioner was informed that an inquiry has been contemplated under Regulation 38 of the Mizoram Rural Bank (Officers & Employees) Service Regulations, 2003 and directed him to submit his reply within 15 days from the date of the receipt of the said Memorandum and that the inquiry will be held only in respect of those articles of charges that are not admitted and as such he is required to specifically admit or deny each article of charges (Annexure-IV to the petition). Pursuant to the same, the petitioner on 21.05.2008 submitted his Show Cause Reply within time, which was duly received by the authority concerned.