CANARA BANK Vs. SWAPAN KUMAR PANI
LAWS(SC)-2006-2-42
SUPREME COURT OF INDIA
Decided on February 24,2006

CANARA BANK Appellant
VERSUS
SWAPAN KUMAR PANI Respondents


Cited Judgements :-

KARUNA SHANKAR MISHRA VS. UNION OF INDIA AND ORS. [LAWS(JHAR)-2014-11-72] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. KANAIYALAL T RAMCHANDANI [LAWS(GJH)-2008-1-71] [REFERRED TO]
MANAGERSHRI G S R T CORPORATION VS. D M TANDEL [LAWS(GJH)-2008-1-107] [REFERRED TO]
ANIL SONI VS. STATE OF M P [LAWS(MPH)-2008-1-81] [REFERRED TO]
LUCKY JANGID VS. NUCLEAR POWER CORPORATION OF INDIA LIMITED [LAWS(RAJ)-2022-10-31] [REFERRED TO]
URMILA VERMA VS. PRESIDING OFFICER CENTRAL GOVERNMENT INDUSTRIALTRIBUNAL-CUM-LABOUR COURT KANPUR ANDOTHERS [LAWS(ALL)-2008-3-15] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. NATHALAL DEVJI VADHERA [LAWS(GJH)-2008-1-125] [REFERRED TO]
MAHENDRA VALLABHDAS SAMPAT VS. STATE OF GUJARAT THROUGH JOINT SECRETARY [LAWS(GJH)-2016-1-60] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. NM MAHAYAVANSHI [LAWS(GJH)-2008-1-114] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. YUNUSBHAI H CHAUHAN [LAWS(GJH)-2008-1-99] [REFERRED TO]
G S R T C VS. HARJIBHAI DHANJIBHAI GAMETI [LAWS(GJH)-2008-1-106] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. FAKIR MOHAMMAD J SAMA [LAWS(GJH)-2008-1-115] [REFERRED TO]
GUJARAT STATE ROAD TRANSPORT CORPORATION VS. KARSANBHAI NARANBHAI BHINGRADIYA [LAWS(GJH)-2008-1-127] [REFERRED TO]
MAHESH SHARMA VS. BHARAT HEAVY ELECTRICALS LTD [LAWS(DLH)-2011-7-382] [REFERRED TO]
DIVISIONAL CONTROLLER VS. S T KARMACHARI UNION [LAWS(GJH)-2008-1-61] [REFERRED TO]
STATE OF GUJARAT THROUGH JOINT SECRETARY VS. MAHENDRA VALLABHDAS SAMPAT [LAWS(GJH)-2016-7-24] [REFERRED TO]
THE BIHAR SCHOOL EXAMINATION BOARD VS. THE STATE OF BIHAR [LAWS(PAT)-2016-8-35] [REFERRED TO]
S.M.DONGARWAR VS. PEC LIMITED [LAWS(DLH)-2013-7-456] [REFERRED TO]
UNION OF INDIA VS. RAYEES ­ UL- HAQUE [LAWS(ALL)-2018-11-240] [REFERRED TO]
R N MISHRA VS. STATE OF MP [LAWS(MPH)-2019-1-140] [REFERRED TO]
POONAM ARORA VS. UNION OF INDIA [LAWS(RAJ)-2007-9-36] [REFERRED TO]


JUDGEMENT

S. B. Sinha, J. - (1.)These are two cross appeals between the parties. Canara Bank is appellant in Civil Appeal No. 1641 of 2004 and respondent in Civil Appeal No. 1642 of 2004. Shri Swapan Kumar Pani (hereinafter referred to as "the first respondent") is appellant in Civil Appeal No. 1642 of 2004 and first respondent in Civil Appeal No. 1641 of 2004.
(2.)The first respondent at all material time was working as Accountant, in Jajpur Road, Orissa Branch of Canara Bank, Calcutta (hereinafter referred to as the Bank). It is stated that in the said capacity he used to hold one set of keys of the locker of the bank. Another set of keys used to be in the custody of the Manager of the Bank. Admittedly on the ground that he had committed a misconduct; a departmental proceeding was proposed to be held in terms of Regulation 6 of the Canara Bank Officer Employees (Discipline and Appeal) Regulations, 1976 (Regulations) wherefor the following Articles of Charge were served on the first respondent:
"M/s. Utkal Iron and Steel Industries is a Constituent of our Jajpur Road Branch. They were sanctioned an M.L. Limit of Rs. 10.00 lakhs vide advances section-I, C.O. Calcutta, letter CC: ADV- I:0069:84T, dated 6-1-1984, the loan was sanctioned on Collateral Security of Bearer Bonds of Rs. 2.00 lacs besides other securities. The details of the bearer bonds are given in the statement of imputations.
The bearer bonds were put in a loan paper cover and kept in double lock on 20-1-1984.
On 23-1-1986, M/s. S. K. Sahu and Brothers, the Statutory Auditors, requisitioned the bonds for verification. It was found, on verification, that the bonds were missing and the cover contained a few blank sheets of B-2, attendance marking register.

There are reasons to believe that you had unathorisedly and with ulterior motive removed the aforesaid bearer bonds from safe custody.

You have, thereby, failed to protect the interests of the Bank and have exposed the Bank to financial loss.

By your above action, you have failed to perform your duties with utmost honesty, integrity, devotion and diligence and thereby committed a misconduct within the meaning of Regulation 3 (1) read with Regulation 24 of the Canara Bank Officer Employees (Conduct) Regulations, 1976, which is punishable under the provisions of Canara Bank Officer Employees (Discipline and Appeal) Regulations, 1976."

(3.)The gist of the charge contained in the said article of charge, thus, was that the first respondent had unauthorisedly and with ulterior motive removed the special bearer bonds worth Rs. 2 lacs from the banks safe custody on 6-11-1985 on which date he was holding the second set of keys of the double lock having obtained the keys from the Managers drawers and while removing the said bonds kept blank sheets of B-2 register therein. The said bearer bonds had been taken as collateral security from M/s. Utkal Iron and Steel Industries towards sanctioning of M.L. Limit of Rs. 10 lacs.


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