DWARIKAROY Vs. ALLAHABAD BANK

JUDGEMENT

(1.) In this application the petitioner has prayed for quashing of the order dated 30-6-1989 (annexure 11) passed by the disciplinary authority (respondent No 3) of Allahabad Bank (hereinafter referred to as 'the Bank'), whereby and whereunder the petitioner has been placed 4 stages lower in the time-scale, in which he was placed at the relevant time, i e. Junior Management grade I and thereby his basic pay of Rs. 1895/- per month was reduced to Rs 1655/-in the same scale with effect from the date of the order as also the arder dated 16-6-1990 (annexure 13), passed by the appellate authority (respondent No. 2) on the appeal filed by the petitioner enhancing the aforesaid punishment by lowering it down to the initial stage in the aforesaid scale in terms of Regulation 4 (e) of the Allahabad Bank Officer Employees (Discipline & Appeal) Regulations, 1976 (hereinafter referred to as 'the Regulation') in lieu of the penalty awarded by the disciplinary authority.

(2.) In short, the case of the petitioner is that in the year 1971 he was appointed as clerk in the bank and in the year 1982 was promoted at J. M. G. grade-I. In the year 1986 the petitioner was posted as Assistant Manager of Rajendranagar Branch of the Bank from where he was transferred to Nataul Branch in February, 1988 While he was posted at Nataul, the Regional office sought certain clarifications from him on 14-6-1988, which was submitted by him on 14-7-88. Thereafter on 21-7-1988 the petitioner was suspended while working as Manager of Nataul Branch of the bank for which he received order on 28-7-1988. On 29-7-1988 the petitioner handed over charge of his office at Nataul, whereafter he was served with a charge sheet dated 13-1-1989, a xerox copy of which had been annexed as annexure-3. The charges against the petitioner were in relation to the period while he was posted at Rajendranagar branch, Patna, for committing certain acts of omission and commission in violation of Regulation of the Officer Employees (conduct) Regulation 1976. Along with the said charge sheet the petitioner was supplied with statement of imputation of misconduct in support of articles of charges with detail of advances made to the parawise as well as list of documents by which articles of charges were proposed to be substantiated. The Articles of charges are as follows : Article I: In giving under benefits to the proprietoress of M/s Usha Enterprises, Shri Dwarika Roy failed to discharge his duties with utmost integrity, honesty, devotion and deligence which amounts to misconduct in terms of Regulation-3 (1) read with Regulation- 24 of Allahabad Bank Officer Employees, (Conduct) Regulation, 1976. Article II: In having personal dealing with the constituents of the branch Shri Dwarika Rai failed to protect the interest of the Bank and did not discharge his duties with utmost integrity which act of Shri Dwarika Rai is an act of unbecoming of a Bank officer which amounts to misconduct in terms of Regulation-3 (1)read with Regulation-24 of Allahabad Bank Officer Employees (Conduct) Regulations, 1976. Article III: The said Shri Dwarika Roy in violation of the instructions of the Bank marked cheques drawn by M/s Usha Enterprises as "Good for payment" and exposed the Bank to great financial risk. He wilfully disobeyed Banks instructions which act constitutes misconduct under Regulation-3 (3) read with Regulation(24) of Allahabad Bank Officer Employees (Conduct) Regulations, 1976. Article IV : Shri Dwarika Roy while functioning as Acting Manager of Rajendranager branch misutilised the D. R. I Scheme and made advance to fictitious persons ond thus, failed to discharge his duties with utmost integrity, honesty and devotion which amounts to misconduct in terms of Regulation-3 (1) read with Regulation-24 of Allahabad Bank Officer Employees (Conduct) Regulations, 1976. Article V : The said Shri Dwarikg Roy while discharging his duties as Acting Manager of Rajendranagar branch did not discharge his duties with honesty and procured fake suppliers bills with a purpose to cheat the Bank which is an act of unbecoming of a Bank officer and constitutes misconduct in terms of Regulation- 3(1) read with Regulation-24 of Allahabad Bank Officer Employees (Conduct) Regulation, 1976.

(3.) The petitioner was directed to submit a written statement.