KIRTYA NAND MISHRA Vs. SANTHAL PARGANAS GRAMIN BANK

JUDGEMENT

(1.) PETITIONER in this writ application, has prayed for issuance of a writ of certiorari for quashing the Memorandum dated 17. 12. 2003, under letter No. Memo/94/2003-04, issued by the Respondent-Disciplinary authority of the Vananchal Gramin Bank, Dumka whereby the petitioner has been visited with a punishment of lowering his scale of pay to the initial stage of his substantive salary and has also been debarred from the privilege of the usual increments for a period of three years.

(2.) THE petitioner has raised several grounds stating, inter alia, that the departmental enquiry was not conducted in accordance with the principles of natural justice in as much as the grounds of defence as raised by the petitioner, the relevant documents and the evidences sought to be adduced by the petitioner, was not considered in detail either by the enquiry officer or the disciplinary authority. It is further contended that the appellate authority has passed a cryptic and non-speaking order without application of mind in upholding the recommendations of the disciplinary authority. The further contention of the petitioner is that even otherwise, for causing alleged loss to the Bank of a sum of Rs. 20,000/- by way of grant of loan, the punishment inflicted upon the petitioner is highly disproportionate and too severe and that too without adhering to the procedures laid down.

(3.) A counter affidavit has been filed by the Respondents-Bank in which it is sought to be explained that the grounds advanced by the petitioner, have no merit. It is explained that the departmental proceedings was conducted in a fair, judicious and balanced manner by giving adequate opportunity to the petitioner to participate and the punishment imposed upon the petitioner is commensurate to his guilt, considering the fact that he being a Bank employee, was required to demonstrate a greater sense of integrity in dealing with the public money.