SASHI KANT CHOUDHARY Vs. MANAGING DIRECTOR CENTRAL BANK

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 13.4.1992 (Annexure 1) passed by the disciplinary authority, whereby the petitioner has been dismissed from service and the order dated 21.1.1993 and 21.7.1993 passed by the appellate authority and the Chief Manager respectively rejecting the appeal and the mercy appeal, vide orders contained in Annexures 2, 2/1 and 3 respectively.

(2.) THE petitioner was the Branch Manager in Banipur Branch of the Central Bank of India. A disciplinary proceeding was started against him on various charges in relation to his alleged unauthorised actions in the matter of disbursement of loans to borrowers and also to non existent persons. The departmental enquiry was conducted by the enquiry officer who submitted his report finding all charges levelled against the petitioner proved and the disciplinary authority pursuant to the said order imposed the punishment of dismissal from service as per Regulation 4(h) of the Central Bank of India Officers Employees (Discipline and Appeal) Regulations 1976, vide Annexure 1,

(3.) MR . Sinha, learned Counsel appearing for the Bank has submitted that the learned Counsel for the petitioner is not correct in his submission that the appellate authority has not considered the said submissions raised in the appeal. In this regard he referred to paragraph 3 at the appellate authority's order, contained in Annexure 2. It is submitted by him that the appellate authority has taken notice of the tract that apart from the said documents, there were enough other documentary evidence adduced in the enquiry to establish that the petitioner made a number of bogus loans in order to misappropriate the loan amount.