JATIN DAS Vs. UNITED BANK OF INDIA REP BY ITS CHAIRMAN
HIGH COURT OF GAUHATI
United Bank Of India Rep By Its Chairman
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Hrishikesh Roy, J. -
(1.) Heard Mr. D.P. Chaliha, the learned Senior Counsel appearing for the petitioner. Also heard Mr. S. Dutta, the learned Senior Counsel appearing for the United Bank of India (hereinafter referred to as 'the Bank') and their officers (respondents).
(2.) The matter pertains to a Disciplinary Proceeding, against the petitioner who at the relevant period (14.9.2004 5.5.2007), served as the Dy. Manager in the Doomdooma Branch of the Bank. On the allegation of misappropriation against the Dy. Manager, the FIR was filed on 26.4.2008 by the Bank, leading to registration of the Doomdooma P.S. Case No.153/2008, under Section 409 of the IPC. The substance of the allegation in the Criminal Case, inter alia, is that the Dy. Manager had prepared fraudulent Debit Vouchers and gave credit to his own Savings Bank and the Over Draft accounts. Additionally, fraudulent preparation of demand draft was also mentioned in the FIR, filed against the petitioner.
(3.) On the very same allegations, the Bank authorities decided to hold an enquiry under Regulation 6 of the United Bank of India Officer Employees' (Discipline & Appeal) Regulations, 1976 (hereinafter referred to as 'the UBI Regulations'). Thus the charge memo dated 18.6.2008 (Annexure3) was issued to the delinquent. The content of the allegations are extracted here-in-below for ready reference:
1. You were maintaining SB a/c No.7989 with Doom Dooma branch. Although you had not deposited any cheque in your account for collection, you debited remittance in Transit A/C. OCC in Transit A/c and Bank A/c on a number of occasions without any valid consideration and credited the proceeds to your SB a/c No.7989. Subsequently, you had withdrawn the amount credited in such fraudulent manner in cash through withdrawal slips/cheques drawn in your aforesaid SB a/c. The instances of such misappropriation of bank's funds were furnished in Annexure-I to the charge sheet.
2. You were maintaining OD a/c No.330018 with Doom Dooma branch. You had credited your said OD account by adopting similar modus operandi and details of such instances of misappropriation of bank's funds through your OD a/c No.330018 were furnished in Annexure-II to the charge sheet.
3. You had debited Bank A/c of the branch on three occasions and credited the proceeds to SB a/c No.16243 of Sri Jai Prakash Lahakar, though no cheque was deposited for collection by Sri Lahakar in his SB a/c No.16243. The A/c holder had subsequently withdrawn the money in cash through cheques drawn on his SB a/c. You had, therefore, extended undue financial benefit to a customer through fraudulent means. The instances of misappropriation of bank's funds through SB a/c No.16243 were furnished in Annexure-III to the charge sheet.
4. On 04/05/06, an aggregate amount of Rs.181157/- was credited to the Bank A/c by SBI against three cheques presented under LCC. But before getting these credits on 03/05/06, you debited Rs.181157/- to the Bank A/c and credited the proceeds to individual accounts of the customers. On 03/05/06, SBI had credited the Bank A/c by Rs.10,70,226/- towards payment of LCCs lodged by the branch. But on 03/05/06, you debited the Bank A/c by Rs.1116707/- instead of Rs.1070226/-. In the Miscellaneous Subcash book, written by you in your own handwriting, Bank A/c was debited by Rs.181157.00 & Rs.1116707.00 and without preparing any voucher, a further amount of Rs.133.00 was also debited.
Thus, the debit entry in the Bank A/c was inflated by Rs.46614.00 Against this inflated debit entry of Rs.46614.00, you prepared a Demand draft challan for purchasing a Demand Draft for Rs.46481.00 plus exchange of Rs.133.00, favouring J.B. Auto Pvt. Ltd. payable at Tinsukia. You received the demand draft, even though the name of the purchaser was not mentioned in the deposit challan.
Thus, you have misappropriated Rs.276340.00 through your SB a/c No.7989, Rs.42136.00 through your OD a/c No.330018 and Rs.46481.00 through the Draft A/c besides effecting fraudulent credits of Rs.70000.00 in SB a/c No.16243 of Sri Jai Prakash Lahakar. As a result, the bank has suffered financial loss of Rs.435090.00 due to misappropriation of its funds by you for your personal financial gains.
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