PATNA, India, Sept. 9 -- Patna High Court issued the following judgment on Aug. 11:

Heard the parties.

2. At the relevant time, while the petitioner was holding the post of Branch Manager, Ghorasahan Branch, Uttar Bihar Gramin Bank, he was subjected to departmental proceeding, on the charges of, inter alia, issuing a manifold to the Motihari Branch for issuance of bankers cheque of Rs. 6,36,544/- in favour of Bank of India, without confirming about the earlier manifold and without obtaining payment advice, which was issued from the branch by him; and further with respect to a charge of issuing another manifold for an amount of Rs. 64,198/- on Muzaffarpur Branch of bank in favour of Bajaj Allianz General Insurance Company Limited, towards payment in respect of insurance premium without debiting the amount from the concerned loan account of the borrower with respect to insurance premium.

3. On being found the charges proved, the petitioner was served with the consolidated punishment under order contained in letter no. 196 dated 17.08.2018 issued by the disciplinary authority, whereby the petitioner has been inflicted with the punishment of reduction of one increment and recovery of Rs. 6,36,544/-. The appeal preferred against the order of punishment also came to be rejected vide order dated 17.12.2018. Both the afore-noted orders were put to challenge in CWJC No. 7973 of 2017.

4. In the mean while, the petitioner attained the age of superannuation and thus, the respondent, Senior Manager, Uttar Bihar Gramin Bank, Head Office, Muzaffarpur came out with letter no. HO/TBC/14/21-22/830 dated 07.01.2022, whereby the payment of pension of the petitioner has been made subject to recovery of the amount of Rs. 6,36,544/-. It is this order which has been questioned by filing a subsequent writ petition bearing C.W.J.C. No. 8708 of 2022. In the aforesaid premise, both the writ petitions have been heard together and are being disposed off by this common order.

5. The facts are admitted to the extent, while the petitioner was the Branch Manager, Uttar Bihar Gramin Bank, Ghorasahan, on 06.11.2017 one memo of charge was issued alleging double payment of the amount of Rs. 6,36,544/-. The petitioner submitted his reply to the memo of charge denying the allegation and explained the situation, under which he issued the duplicate manifold. On being dissatisfied with the explanation of the petitioner, the disciplinary authority resolved to initiate a departmental proceeding against the petitioner and appointed Conducting Officer and Presenting Officer to conduct the enquiry and submit a report.

6. Subsequently thereto, on 26.12.2017 one another memo of charge was issued alleging the bank has been put to financial loss of Rs. 64,198/- on account of irresponsible behaviour of the petitioner, as he failed to debit the amount of Rs. 64,198/- in the concerned loan account of the borrowers with respect to amount of insurance premium. The petitioner submitted his reply to the supplementary memo of charge, however, that was also rejected and after appointment of Enquiry Officer and Presenting Officer, the petitioner was asked to submit his defence statement before the Enquiry Officer. The defence statement with respect to both the charges were submitted. After enquiry, the Conducting Officer returned the finding adversial to the petitioner, on being found both the charges proved. The second show cause notice alongwith the enquiry report of the Conducting Officer was served upon the petitioner, which was duly replied by filing a detailed explanation. The disciplinary authority finally passed the impugned order of punishment vide letter No. HO/DAD/11/18- 19/NO 196 dated 17.08.2018 and the same was communicated vide letter No. HO/DAD/11/1819/NO 197 dated 17.08.2018. The appeal preferred by the petitioner also did not find any favour and finally came to be rejected vide order dated 17.12.2018 by the Appellate Authority.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNzk3MyMyMDE5IzEjTg==-4ZHvA--am1--13O3w=

Disclaimer: Curated by HT Syndication.