RAMESH CHANDRA BRANWAL Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order of the disciplinary authority (respondent No. 3), Zonal Manager, Central Bank of India, Patna Zonal Office, dated the 10th December, 1986 (Annexure-3), whereby the petitioner has been removed from service. On appeal, the Deputy General Manager of the Central Bank of India (respondent No. 2), affirmed the said order on 16th July, 1988 (Annexure-9). The petitioner has further challenged the proceeding held during the inquiry and has prayed for reinstatement to the post he held along with the consequential benefits.

(2.) The petitioner entered the Bank's service in the year 1959 and was promoted to the Office Grade as Sub-Accountant in March, 1971. He worked as Branch Manager first at Bikramganj and thereafter at the Fraser Road Branch, Patna. In the year 1979, he was promoted as Deputy Chief Officer and then posted as Branch Manager at the Birla Mandir Road Branch in Patna In March, 1984, he was transferred to the Sasaram Branch in place of Shri Makardhwaj Tripathi. Having learnt about several irregularities and unmanagable advanced at Sasaram Branch, the petitioner expressed his unwillingness to join there and represented before the Management for his posting at some other place other than Sasaram Branch. The petitioner joined the Sasaram Branch in August, 1984, and soon thereafter he represented before the Assistant General Manager Patna Regional Office for his mutual transfer to the Sakchi Branch at Jamshedpur. After joining the Sasaram Branch, the petitioner brought to the notice of the higher authorities of the Bank, including the Assistant General Manager and the Regional Manager, Patna, about the Irregularities and unmanageable advances of the Sasaram Branch made by Shri Tripathi which caused annoyance to Shri Tripathi and he became revengeful towards the petitioner. Apprehending that some action might be taken against Shri Tripathi, he statted reporting to the Regional Manager that the petitioner had issued some Bank guarantees without maintaining any record in the bank, although the petitioner had maintained proper record, register and files relating to the Bank guarantees but they were either concealed or removed from the Branch with a view to falsely implicate the petitioner.

(3.) On 9-10-1984, the petitioner was transferred from the Sasaram Branch and posted at Sakchi Branch at Jamshedpur where he joined as Branch Manager. On 28th August, 1985, he was served with a memo issued by the Regional Manager, Ranchi asking an explanation from him. One of the charges was that the petitioner issued Bank guarantees keeping no record at the Branch. He did not maintain any margin or counter-guarantees and failed to charge commission from the concerned parties. Thus, he kept the higher authorities of the Bank in dark about these transactions with an ulterior motive and mala fide intention to benefit certain parties and to benefit himself by obliging them at the cost of the Bank. He thereby failed to work with sincerity and integrity. In resect of one of the guarantees, the petitioner is alleged to have extended the period upto 31-3-1985 when he was no more working as Branch Manager at the Birla Mandir Road Branch. The said guarantee was initially issued by him for the period 15-2-1984 to 31-12-1984, which he further renewed upto 31-3-1985 vide his letter dated 17-8-1984. This was done by him without keeping anv record in the Bank and without informing the new Branch Manager Shri Tripathi who was posted in his place. The said Shri Tripathi joined the Birla Mandir Road Branch on 20-8-1984 and relieved the petitioner on 21-8-1984. As alleged, the letter dated 17-8-1984 addressed to the Accounts Officer, Bihar State Electricity Board, was found to have been delivered by the party to the Board on the recovery of the letter dated 29-12-1984. This clearly established that the petitioner had extended the period of guarantee some times in December, 1984 when he was no more Branch Manager at the Birla Mandir Road Branch.