DEBAJIT SAIKIA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The appellant/writ petitioner while serving as Cashier-cum- General Clerk at United Bank of India, Tirap Branch, was proceeded against departmentally on charges of misappropriation and for causing financial loss to the Bank and was eventually dismissed from service on 19.05.2006. The same was also affirmed by the appellate authority vide order dated 20.10.2006. The related writ petition i.e. WP(C) 570/2007, challenging the aforesaid two orders, was dismissed vide judgment and order dated 21.07.2015. Hence, the present appeal.

(2.) We have heard Mr. K.N. Choudhury, learned senior counsel representing the appellant/writ petitioner, assisted by Mr. B.K. Kashyap, Advocate as well as Mr. S. Dutta, learned senior counsel representing all the respondents, assisted by Mr. S. Dutta and C. Sarma, Advocate (s). The relevant records in original have also been produced by Mr. Dutta.

(3.) Essential facts in a chronological sequence are that on 31.05.2003 when the appellant was discharging duties at the Tirap Branch, the Chief Regional Manager along with the Vigilance Officer of the Bank's Regional Office had visited the Branch and conducted an exercise which led to lodging of a First Information Report by the Manager of the Tirap Branch against the appellant, the same being registered as Margherita Police Station Case No. 84/2003 under Sections 420/409 of the Indian Penal Code. The appellant was arrested on 31.05.2003 itself and while in custody, he was placed under suspension vide order dated 02.06.2003. Consequent upon investigation, Charge Sheet was filed against the appellant and case was committed to trial. On the departmental side, the appellant was served with the Notice dated 07.08.2004 listing out 13 (thirteen) charges against him for acts of misappropriation and for causing financial loss to the Bank. The charges related to creating fictitious credit entries in the Reinvestment Plan Accounts (RIP) of named Bank's customers and creating credits in another Savings Bank Account by reconciling the day's accounts by manipulating the Books of Accounts. By the alleged irregular acts, it is stated that the Bank had been exposed to financial loss to the tune of Rs.9,83,616.00 plus interest thereon. The appellant made reply to the Notice and although the appellant did not initially participate in the departmental enquiry, however, in view of order passed by this Court in WP(C) 2791/2005, a fresh departmental proceeding was initiated with appointment of an Enquiry Officer wherein the appellant had submitted written statement of defence. The departmental proceeding concluded with the Report of the Enquiry Officer holding all the thirteen charges as proved against the appellant and also arriving at the finding that the appellant had used the Reinvestment Plan receipts to pass on undue financial benefit of Rs.9,83,616.00 plus applicable interest thereon to three account holders and derived personal benefits of huge amounts of money. Pursuant to issuance of the second Show-Cause Notice, the Disciplinary Authority issued order dated 19.05.2006 dismissing the appellant from service. Appeal preferred also stood dismissed by order dated 20.10.2006 of the Appellate Authority.