PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned counsel for the petitioner and learned counsel for the UCO Bank are present.

2. The present writ petition has been filed seeking quashing of the order dated 16.05.2016, passed by the Appellate Authority (Annexure-12), by which the appeal dated 28.11.1995, preferred by the petitioner's husband against the final order dated 11.10.1995, has been rejected. A further prayer has been made to grant all consequential benefits to the petitioner's husband after setting aside the order of the Appellate Authority as well as that of the Disciplinary Authority

3. Learned counsel for the petitioner submits that the petitioner's husband was posted at the Jogbani Branch as Incharge Manager and had taken a loan of Rs. 25,000/- for personal needs on 27.04.1992. It is stated that, under the direction of the Manager, the petitioner's husband deposited the loan amount of Rs. 25,000/- along with 30% interest per annum on the very next day, i.e., on 28.04.1992. Counsel further submits that the respondent-Bank issued a show-cause notice to suspend the Assistant General Manager, UCO Bank, Zonal Office, Patna, and issued Articles of Charges and a statement of allegations against the petitioner's husband on 10.11.1992. Counsel also submits that a domestic enquiry was conducted against the petitioner's husband on the basis of the charge sheet dated 10.11.1992. It has been submitted that on 15.05.1993, the Enquiry Officer wrote a letter to the petitioner's husband, directing him to attend the enquiry at the premises of UCO Bank, Jogbani Branch. In response, the petitioner's husband wrote a letter dated 03.06.1993 to the General Manager, UCO Bank, Head Office (Vigilance), Kolkata, requesting withdrawal of the said proceeding, stating that the loan was taken on the basis of an F.D.R., which was due on 31.01.1994 for Rs. 27,000/-.

4. Counsel further submits that, after completion of the enquiry proceedings, the Presenting Officer submitted a written brief of the enquiry proceedings on 27.01.1995. The Enquiry Officer thereafter submitted the enquiry report on 10.07.1995 to the A.G.M. (Disciplinary Authority) upon receipt of the said report. It has been indicated therein that the loan was disbursed on 27.04.1992 and was fully adjusted on 28.04.1992 with interest at the rate of 30%, and that the Bank did not suffer any loss. According to the petitioner, this fact alone is sufficient for closure of the disciplinary proceeding.

5. Counsel further submits that the final order was passed by the Disciplinary Authority on 11.10.1995 on the basis of the enquiry report, imposing the punishment of reduction by two lower stage in the present time-scale in the basic pay of the petitioner's husband. Counsel further submits that, being aggrieved and dissatisfied with the order passed by the Disciplinary Authority dated 11.10.1995, an appeal was preferred before the Appellate Authority on 28.11.1995. Thereafter, the petitioner's husband filed CWJC No. 9696 of 2007, seeking quashing of the Disciplinary Authority's order dated 11.10.1995. Counsel further submits that this Hon'ble Court dismissed the said writ petition solely on the ground of delay, observing that although the disciplinary order was passed on 11.10.1995 and the appeal was filed on 28.11.1995, the writ petition itself was filed only in the year 2007.

6. Counsel further submits that, being aggrieved and dissatisfied with the order passed in the said CWJC, the petitioner preferred L.P.A. No. 644 of 2014. During the pendency of the L.P.A., the petitioner's husband passed away. Thereafter, I.A. No. 2023 of 2015 was filed. Counsel further submits that vide order dated 16.03.2016 passed in L.P.A. No. 644 of 2014, this Hon'ble Court directed the Appellate Authority to dispose of the pending appeal within a period of three months. Pursuant thereto, the appeal preferred by the petitioner was rejected by the Appellate Authority vide order dated 16.05.2016, which was communicated to the petitioner by letter dated 31.05.2016.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMjkxMiMyMDE3IzEjTg==-FebHqtJX8U8=

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