SUNIL SOREN Vs. THE UCO BANK

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the Respondents. The petitioner in the present writ application seeks quashing of the order dated 31.3.2008 passed by the Assistant General Manager (Disciplinary Authority), UCO Bank, Bhagalpur whereby he has been compulsorily retired by way of punishment. The petitioner also challenges the order dated 28.7.2008 passed by the General Manager, Personnel Service (Appellate Authority) whereby the petitioner's appeal against the said order of compulsory retirement has been rejected.

(2.) Facts of the case which are not in dispute are that a disciplinary proceeding was initiated against the petitioner with the issuance of charge-sheet on 10.2.2007. The petitioner was charged of having fraudulently withdrawn certain amount from the account of a dead account holder and deposited such fraudulently withdrawn amount in the account of his daughter Rina Kumari. The petitioner at the relevant point of time was posted as a Sub-staff in Bonshi Branch of UCO Bank.

(3.) From the reading of the charge-sheet, it will appear that the petitioner was charged of having withdrawn a total sum of rupees one lac thirty five thousand in this manner and he is said to have confessed his guilt and accepted to deposit the said amount in the Bank. Altogether 5 charges were framed against the petitioner referring to different transactions. The petitioner submitted his written statement of defence denying the charges. The disciplinary proceeding thereafter commenced. The enquiry officer submitted his report which was communicated to the petitioner by letter dated 31.10.2007 by the disciplinary authority, seeking his comments.