SONA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Counsel for the respondent Bank.

(2.) The petitioner was posted as a Manager of the bank at Nawada Branch in the district of West Champaran. The management issued charge memo dated 18.7.1997 to the petitioner. The substance of the allegations in the charge memo alleged misappropriation of amounts in the various accounts in the branch. The petitioner has submitted his response to the allegations made by charge memo. Response of the petitioner is confessional in nature and is dated 23.9.2002. Considering the petitioner's confession the Inquiring Officer did not consider it necessary to proceed further with the enquiry. This Court would observe that decision of the authorities not to proceed on account of petitioner's confession cannot be in anyway said to be bad. Being conscious that confession would entail penal consequences, still petitioner has submitted his confession. The proceedings were concluded on the basis of petitioner's confession. As a result of petitioner's confession in the enquiry, he has been visited with the punishment of dismissal issued by Chairman -cum- Disciplinary Authority of the respondent Bank on 29.11.2003.

(3.) The petitioner surprisingly has preferred an appeal against the order passed by the Disciplinary Authority even though he had admitted to the charges during the course of enquiry.