SHYAM NANDAN PRASAD SINHA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THE petitioner seeks to challenge his dismissal from the service of the Punjab National Bank (hereinafter to be referred as 'the Bank') following a disciplinary proceeding on certain charges.

(2.) AT the material time the petitioner was an officer in the Middle Management Grade II and was posted as Branch Manager at the Grugru Branch of the Bank falling under its Gaya region. He was put: under suspension on certain charges and later a charge -sheet dated 31 -1 -1983 (Annexure 4) containing the articles of charges were served upon him. Omitting the material details the charges against the petitioner were as follows: (i) He made advance in connivance with the middle men and suppliers. (ii) He made irregular advances against bank's interest. (iii) He misutilised his official position and, thus, mis -conducted in terms of Regulation 3(1) of PNB Officer Employees' (Conduct) Regulations, 1977. (iv) He ignored to observe pre/post sanction norms as prescribed by the bank thus jeopardizing the interest of the bank.

(3.) THE petitioner submitted his 'statement of defense' on 26 -4 -1983 (Annexure 5) denying the charges. The disciplinary authority, however, not being satisfied with the petitioner's denials and explanations instituted a departmental enquiry to examine the charges against the petitioner appointing as the enquiry officer one Shri A.L. Thipathi who at that time was posted as Manager, Punjab National Bank, Gaya. At the conclusion of the departmental enquiry, the enquiry officer submitted his report dated 14 -8 -1985 recording his findings as follows: Charge No. 1: Made advances in connivance with the middlemen and suppliers -proved. Charge No. II : Made irregular advances against bank's interest - proved. Charge No. III : Misutilised his official position and, thus, mis -conducted in terms of Regulation 3(1) of PNB Officer Employees' (Conduct) Regulations, 1977 -proved. Charge No. IV: ignored to observe pre/post sanction norms as prescribed by the bank, thus, jeopardizing interest of the bank -sub -charges (1)(II) and (III) proved and (IV) not proved.