INDRA MOHAN PATOR Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) At the relevant time, the appellant/petitioner Indra Mohan Pator was serving as the Deputy Manager, United Bank of India and posted at Demow-Chariali Branch under Sivasagar Regional Office. On 04.08.1995 he was placed under suspension for alleged misconduct in contemplation of drawal of disciplinary proceeding. On 12.09.1996 the Articles of Charges was issued together with the Statement of Allegations on which the charges were based. As many as 11(eleven) charges were framed pertaining to act of defrauding the Bank in connivance with one Shah Jamal Ali, a bank employee; causing and exposing the Bank to financial risk and loss; manipulation of records prejudicial to the interest of the Bank; acting in a manner unbecoming of a Bank Officer; misappropriation of money for personal gain etc. On the alleged act of misconduct/irregularities, the appellant was asked to submit his written statement of defence. On 01.11.1996 the appellant made a short reply denying the charges and expressing his astonishment of being roped in when the acts of fraud had been committed by Shah Jamal Ali. He pleaded exoneration from the charges levelled. The Office Order dated 13.11.1996 came to be issued for holding a departmental enquiry into the charges and an Enquiry Officer was appointed under Regulation 6 of the United Bank of India Officer Employees' (Discipline & Appeal) Regulation, 1976 (hereinafter called the 'Regulations').

(2.) The ingredients of the charges, which were the subject-matter of enquiry, were as follows:

(3.) On 27.09.1997, the Enquiry Officer submitted his findings of the enquiry after considering the documentary evidence, the oral depositions of Management witnesses and contention raised by the appellant. As against each of the charges, he recorded as follows: