LAWS(PAT)-2015-1-229

UMA SHANKAR JHA Vs. THE PUNJAB NATIONAL BANK

Decided On January 15, 2015
UMA SHANKAR JHA Appellant
V/S
Punjab National Bank and Others Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Bank.

(2.) In this case, the petitioner was initially appointed as Clerk-cum-Cashier at different branches and before his termination, at the last leg of his service in the year 1999, was posted at Punjab National Bank, Kulharia and while serving at Kulharia, he was served letter No. 51 dated 9th December 2013 whereby he was put under suspension and was prohibited to enter into the premises of the Bank and to touch the official records. Thereafter, a departmental proceeding was initiated vide Charge Sheet dated 27th December, 2005, where Charge No. 1 deals with that the petitioner has debited customer's accounts unauthorisedly without their confirmation on the debit vouchers, details are there. Charge No. 2 is that he unauthorisedly debited/credited accounts and released vouchers under his signature even though OIC was present in the Branch, details have been given. Charge No.3 is that he closed the following account without the request of the customer and paid the amount through cash order. It has further been stated that the RTI on back of cash order in token of having received the payment does not tally with the RTI of account holder. Charge No. 4 is that he debited customer's accounts unauthorisedly and got the amounts credited in his own accounts, details are there. Charge No. 5 is that he prepared the wrong debit/credit vouchers for covering up the fraud committed in the branch, details are there. In charge No. 6, it has been mentioned that he has debited Exp. M. Power with Rs. 2961/- on 31st November, 1999 without enclosing any voucher there with and got suspense entry dated 4th November, for Rs. 2000/- outstanding in his name adjusted and issued Cash Order for Rs. 961/-. He also obtained the payment from Exp. Remitting charges of Rs. 2000/- without attaching any bill with the voucher on 12th June, 2001 on account of cash brought from BO: TC Darbhanga on 10th April, 2001 but actually cash was brought on that day from BO: Khojpur. In Charge No. 7, it has been mentioned that he connived with late OIC Shri Awadhesh Kumar in committing/concealing fraud in the branch and consequently got benefit from him. Charge No. 8 is that he had already obtained the payment on account of taxi bills through his TA bills without attaching taxi bills. Charge No. 9 is that he had put undue pressure on the late incumbent Shri Awadhesh Kumar for sanctioning limit of Rs. 2,00,000/- in the name of Shri Jaishankar Jha on 18th August, 2001, while the money was actually utilised by him and amounts were transferred to the account of the petitioner. Charge No. 10 is to cover up the fraudulent transactions in different accounts to tally the balances the petitioner committed interpolation. Charge No. 11 is that he did not refund the advance of Rs. 500/- and Rs. 700/- taken from the suspense account on 8th February, 1991 and 16th February, 1999 respectively and both the entries were got adjusted fraudulently to the debit of CA 77 of Savitri Devi & Kishore Kumar Mehta and SF 1485 of Awadhesh Kumar on 27th February, 1999. Further in Charge No. 12 it has been mentioned that he had put the pressure on the late incumbent Shri Awadhesh Kumar and got officiating allowance beyond his entitlement and last charge is that he connived with the incumbent of the branch obtained undue accommodation mentioned therein.

(3.) Charges were further amended and certain were added in Charge No 1, Charge No. 2, Charge No. 6, Charge No. 7 and Charge No. 8.