D BARAIK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) The petitioner has approached this Court with a prayer for quashing order dated 209.2006 issued by the Managing Director, respondent No. 2, communicated to the petitioner vide letter dated 28.09.2006 as contained in memo No. 1252, issued under the signature of respondent No. 4, whereby the order of punishment given to the petitioner has been converted into compulsory retirement. Further prayer has been made to forthwith reinstate the petitioner to his post with all back wages and consequential benefits including seniority.

(3.) The factual exposition as has been delineated in the writ petition is that the petitioner joined the service with the Bihar State Financial Corporation (for short "BSFC") on 11.10.1982. After having put in years of satisfactory service, he was posted as Assistant Office Superintendent (AOS) at the BSFC Branch at Palamau, Daltonganj in the year 1987. Subsequently, the petitioner was served with a charge-sheet dated 30.05.1997 when he was posted at Palamau, wherein he was charged with misconduct and negligence while dealing with loan file of M/s. Katha & Chemicals Pvt. Ltd., Chandwa within the meaning of Article 39 (ii) of the Bihar State Financial Corporation Staff Regulation, 1965 in as much as two bank drafts, details of which are given in the charge-sheet, were sent from the Head Office to the Branch Manager, Palamau through letter dated 210.1987, one in favour of the concern and the other in favour of SBI, Chandwa in the account of the concern but both the drafts were handed over to the concern in connivance with the promoter though the draft in favour of SBI, Chandwa for an amount off of Rs. 2,73,915/- was to be paid to the Bank, thereby acting in a highly irresponsible manner.