RABIN CHANDRA SARMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard Mr. K.A. Choudhury, learned counsel for the petitioner. Also heard Mr. M.K. Mishra, learned counsel for the respondent, Central Bank of India.

(2.) The petitioner was working as the Branch Manager of the Bokulia Branch of the respondent Central Bank of India, which is located somewhere in the Karbi Anglong district of Assam. The petitioner states that the said Bokulia branch is located in an area where certain extremists elements are also in existence, which makes it difficult for a branch manager to function in a manner as may be desired by the management of the bank.

(3.) Be that as it may, the petitioner was issued with a show-cause notice dated 7.5.2007, wherein, four charges were brought against the petitioner. The first charge was that the petitioner while working as the branch manager of the aforesaid branch had violated/dis-obeyed the instruction of his higher authority in handling advance portfolio. The second charge was that the petitioner committed serious financial anomalies in sanctioning and disbursing loans in 173 CKCC account thereby jeopardizing the pecuniary interest of the bank, in a situation where his lending power were curtailed by the higher authority. The third charge was that the petitioner in order to conceal his mis-deeds/irregularities contained in the aforesaid CKCC account, did not report to his higher authority about such loans through periodical control returns, while the fourth charge was that the petitioner had acted illegally and unauthorizedly in sanctioning and disbursing the 173 CKCC loans. In the accompanying statement of imputation in respect of Charge No.1, it is stated that while the petitioner was working as a branch manager, he had violated/disobeyed the instruction of his higher authority in allotting advance portfolio inasmuch as, by an earlier letter dated 23.09.2006, his lending power were restricted, but in spite of such restriction, he had sanctioned/enhanced loan amount of the said 173 CKCC account holders.