ARUN KUMAR Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The petitioner was posted as Assistant Manager at Karahani Branch during the period July, 1994, to July 1996. it was detected that the petitioner committed certain acts of omission and commission during the period of his posting at Karahani Branch. A disciplinary proceeding was initiated for the same. Charge-sheet was furnished to him. The charge was that he misused his official position and acted with mala fide intention, paid large amounts to a family pensioner far in excess of pension amount payable to her and claimed excess amounts from the Government Treasury in the name of other pensioners of the Branch, he paid pension amount to the person knowing that he was not pensioner and was not entitled to any amount of pension. He disbursed arrears of pension twice to certain pensioners with full knowledge of the facts that like amount of pension/commutation of pension was already paid to the pensioners through the vouchers prepared by him. Inspite of furnishing of charge-sheet he did not submit his reply. The inquiry officer fixed September 29, 1997 as the date of preliminary hearing but the petitioner failed to turn up on the medical ground and as such it was adjourned to October 21, 1997. He appeared in the proceeding. Thereafter, several times the proceeding was adjourned but he did not appear in the proceeding and as such ex pane enquiry was taken up. However, on the request of the petitioner the enquiry was adjourned to November 28, 1997, but again he failed to turn up and as such enquiry was conducted ex parte. The enquiry officer submitted his report to the disciplinary authority holding the petitioner guilty of the charge. The enquiry report was furnished to the petitioner for his show-cause/comments vide letter dated March 6, 1998. He submitted his comments on March 21, 1998. The disciplinary authority on consideration of the comments and enquiry report and the documents placed with the enquiry report came to the conclusion that finding in the enquiry report was correct and accepted the same and accordingly passed order of punishment dismissing the petitioner from service, Annexure 9.

(2.) The petitioner, thereafter, filed appeal before the Appellate Authority reiterating his submission before the disciplinary authority. The Appellate Authority by a reasoned order rejected the appeal vide order, Annexure-11. The petitioner filed a review petition before the Chairman-cum-Managing Director of the Bank which was rejected vide order, Annexure 13, as there is no provision of review. The petitioner thus has filed writ petition for quashing the orders, Annexures-9 and 11 whereby he has been dismissed which was affirmed by the appellate authority.

(3.) A counter-affidavit has been filed on behalf of respondents that charge-sheet was furnished to the petitioner. He was given full opportunity to defend himself, but he failed to appear before the inquiry officer inspite of repeated adjournments. At the relevant time of posting at Karahani Branch he committed various acts of omission and commission which was enumerated in the charge. Documents were filed before the inquiry officer and (sic) the respondent No. 5 was also examined as witness by the management. He was furnished inquiry report. He filed his show- cause which, was considered by the disciplinary authority and the order of punishment was passed. Appeal against the said order of punishment has also been dismissed. The disciplinary authority as well as appellate authority has considered the materials on record in detail. In fact there is no illegality in the proceeding or orders, Annexure-9 and 11.