BINOD TIWARY Vs. ALLAHABAD BANK AND OTHERS

JUDGEMENT

(1.) It is feeling aggrieved by a judgment and order dated 21.06.2016, passed by a learned Single Judge of this Court in CWJC No. 10640 of 2007, whereby the writ petition filed by the appellant-writ petitioner has been dismissed that the writ petitioner is before this Court in this intra-Court appeal.

(2.) This appeal was admitted vide order passed on 13.12.2017 and has been put up for consideration when the parties have been heard.

(3.) Pleadings on record of this appeal as well as the connected writ proceedings would confirm that the appellantwrit petitioner, an ex-Branch Manager with the Kurtha Branch of the Respondent-Bank in the district of Arwal, was proceeded against for alleged acts of misconduct relatable to his official discharge as a Branch Manager of the Bank concerning disbursement of the loan which, according to the respondent-Bank, was in violation of the statutory procedure/prescription exposing the loan disbursed by the writ petitioner to a serious risk. The petitioner filed his reply to the charges, rebutting each of them. An inquiry was held/conducted after observance of the statutory procedure and after providing due opportunity to the writ petitioner to defend himself. The Inquiry Officer, in consideration of the stand taken by the Charged Officer-the appellant-writ petitioner, the Presenting Officer as well as the evidence led by the contesting parties, while upholding 09 out of 19 article of charges, held the remaining either partly proved or proved without jeopardy/subsequently ratified.