REMAN DEVI Vs. RANCHI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE deceased - petitioner Bal Krishna Munda has died during the pendency of the writ application who is substituted by his wife Reman Devi. The deceased - petitioner had preferred this application being aggrieved by the appellate order dated 17.7.2001 issued by the Chairman, Ranchi Kshetriya Gramin Bank vide Annexure -15 on behalf of the Board of Directors cum Appellate Authority confirming the penalty imposed by the Chairman cum Disciplinary Authority upon the petitioner of removal from service. The petitioner has also challenged the original order imposing penalty by the Chairman of the said Bank dated 17.2.2000, which is contained at Annexure -13 to the writ application.

(3.) THE petitioner preferred appeal vide Annexure -14 before the Board of Directors of the Respondent - Bank and the appellate order has been communicated to the petitioner by the Chairman of the respondent - Bank on behalf of the Board of Directors cum Appellate Authority. The grounds for assailing the impugned order on behalf of the petitioner are (a) that he innocently advanced the loan being guided by the fact that the Lonee were employees of the bank itself and no stranger ; (b) that the Bank has already recovered the amount from the concerned employees and no loss has resulted to the bank ; (c) that the appellate order has been passed by the same person i.e. the Chairman of the Bank and not by the Board of Directors of the Bank, who is the Appellate Authority in such case. As such, there is violation of Principle of Natural Justice, so far as the maxim Nemo in propria causa judex,esse debet is concerned, which means that no man can be a judge in his own cause. Counsel for the petitioner also submitted that the impugned order is wholly disproportionate to the misconduct found to be proved against the petitioner and leniency of the punishment is required to be passed. He also submitted that petitioner was posted for 20 years in the service and there is no charges of any misconduct against him.