H.K.Sema, J. - (1.) THE challenge in this appeal is to the order dated 2nd August, 2002 of the High Court of Judicature at Bombay whereby the imposition of penalty of removal inflicted upon the respondent, who is a bank officer, preceded by an inquiry, is set aside with a direction to the appellant to reinstate the respondent with all consequential benefits including that of back wages, to be paid within a period of three months. Briefly stated, the facts are as follows:
(2.) THE respondent was working as an officer under the appellant bank and at the relevant time he was posted as Manager, Personnel Banking Division, Palghar Branch. Sometime in June, 1986 the respondent introduced one Shri Kishor Bidaye and Shri D.B. Angane to the Branch Manager Jogeshwari (W) Branch. THE respondent brought said Shri Bidaye to the Branch Manager and got a current account opened in the name of Shri Bidaye. He had also introduced the said current account by giving his old Andheri address at Bombay as the address of Bidaye. A cheque was issued in favour of the State Bank of India, which was to be invested in the name of the Trust/Board. However, the respondent insisted that the funds were meant for Bidaye and Angane and thereby, induced the Branch Manager to accept the Trust funds as Term Deposits and issue TDRs in the names of Bidaye and Angane. THE respondent also ensured sanctioning of overdraft facility against the STDRs. so issued. It is also alleged that the respondent exerted pressure to grant overdraft on the same day of remittance of funds and emphatically stated that it would be his responsibility if anything went wrong. A complaint was made by a Trust regarding Term Deposit Receipts being issued in the name of Bidaye and granting overdraft facilities to him on the basis of such TDR. The appellant's bank, thereafter, initiated a Departmental Inquiry. The following charges were framed against the respondent: "ARTICLE OF CHARGE TOGETHER WITH THE GROUNDS ON WHICH IT IS BASED SHRI R.D. PUNDE (UNDER SUSPENSION) FRAUD AT JOGESHWARI (W) BR. CHARGE CHARGE-1 You, when posted at Palghar Branch as Manager P.B.D. negotiated with a fraudulent intention to extend credit facilities against deposits to be received from Trusts to Sarvashri Kishore Bidaye and D.B. Angane at Jogeshwari (W) Branch and induced the Branch Manager, Jogeshwari (W) branch to accept Trust Funds in Terms Deposits and also caused issue of TDRs in the individual names with the funds received for investment in their own names (Trusts). You ensured that STDR were issued in individual names and that overdrafts were sanctioned there against although you were well aware that it was in violation of Bank's prescribed norms, procedures, instructions on the subject. You assisted the said persons despite knowing their fraudulent motives. You thus acted dishonestly and in a manner unbecoming of a Bank Official violating Rule No. 32(4) of the State Bank of India (Supervising Staff) Service Rules. GROUNDS ON WHICH BASED (i) You negotiated with the Branch Manager, Jogeshwari (w) Branch on behalf of Sarvashri Kishor Bidaye and D.B. Angane about the credit facilities to be extended to them against deposits to be received and vouched for bonafides and creditworthiness of the said individuals and assured to recover at short notice loans granted there against. Accordingly you introduced Shri Kishor Bidaye and caused his current Account to be opened in the books of Jogeshwari (w) Branch knowing fully well that Shri Bidaye is a defaulter borrower of our Pimpri Branch. You also gave your residential address as the legal address of Shri Bidaye. You visited Jogeshwari (w) Branch on various dates accompanied by others including the said persons and caused issue of STDRs in the name of Shri Bidaye/Shri Angane against clearing cheques received from the under noted Boards. You also prevailed upon the Branch Manager/Manager P.B.D. to sanction overdraft limit threagainst to the said persons. JUDGEMENT_162_TLPRE0_2006Html1.htm (ii) You were well aware of the intentions and motives of Shri Bidaye and Shri Angane to defraud the Bank. You failed to use the material information to protect the Bank's interest." On the basis of the aforesaid charges, the Commissioner for Departmental Inquiries in the Central Vigilance Commission, Govt. of India was appointed as the Inquiry Officer. The Inquiry Officer, after making a detailed inquiry, submitted its report dated 31.1.90 holding that the charges against the respondent stand proved. Thereafter, by an order dated 8.12.90 the Disciplinary Authority dismissed the respondent from the services of the Bank. Aggrieved thereby, the respondent filed an appeal before the Appellate Authority, which was rejected by the order dated 29.10.91. Aggrieved thereby, the respondent preferred Writ Petition No. 2105/92 before the High Court of Judicature at Bombay praying inter-alia to quash and set aside the order of dismissal dated 8.12.90 passed by the Disciplinary Authority and also the order dated 29.10.91 passed by the Appellate Authority rejecting his appeal and to reinstate the respondent with full back wages, continuity of service and all the consequential benefits. During the pendency of the Writ Petition before the High Court, it appears that pursuant to the observations made by the High Court, the petitioner bank reduced the punishment of dismissal to removal. The High Court, on re-appreciation of evidence, reversed the finding of the Inquiry Officer and set aside the orders of the Disciplinary Authority and Appellate Authority. Before we proceed further, we may observe at this stage that it is unfortunate that the High Court has acted as an appellate authority despite the consistent view taken by this Court that the High Court and the Tribunal while exercising the judicial review do not act as an appellate authority. Its jurisdiction is circumscribed and confined to correct errors of law or procedural error, if any, resulting in manifest miscarriage of justice or violation of principles of natural justice. Judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. (See Govt. of A.P. and Ors. (appellant) v. Mohd. Nasrullah Khan (respondent) (2006) 2 SCC 373 at page SCC 379). Reverting to the facts of the case, it appears that the respondent was charged with misconduct of having conducted himself in violation of the Rule 32(4) of the Service Rules. Rule 32(4) reads: "32(4) Every employee shall, at all times, take all possible steps to ensure and protect the interest of the Bank and discharge his duties with utmost integrity, honesty, devotion and diligence and do nothing which is unbecoming of a bank official."
(3.) AFTER noticing the said provision and re-appreciating the evidence, the High Court was of the opinion that unless there is evidence to show that the petitioner had knowledge of the intention on the part of the persons introduced in the Bank, the petitioner cannot be said to have committed any misconduct as alleged by the Bank. The High Court has also considered the official evidence recorded by the Inquiry Officer in course of the inquiry and observed that the statements recorded by the Inquiry Officer had no where stated that the petitioner had knowledge of the intention of Bidaye and Angane to enjoy the overdraft facility by misusing TDRs belonging to someone else. The High Court also observed that there is no evidence to show that on all the occasions when the TDRs were issued the petitioner was present in the Jogeshwari Branch. Ultimately, the High Court has concluded its finding in paragraph 9 of the impugned Judgment as under: "9. Ample evidence could have been led to prove the complicity of the petitioner with Bidaye and Angane. Even in the FIR lodged with the police, there is not even a suggestion that the petitioner was in anyway involved in the commission of fraud by Bidaye and Angane. In these circumstances, we are firmly of the opinion that this is a case of no evidence of misconduct as alleged by the bank, which is not proved at all and therefore order of punishment is unsustainable. In the result the petition succeeds and it is allowed." It is impermissible for the High Court to re-appreciate the evidence which had been considered by the Inquiry Officer a Disciplinary Authority and the Appellate Authority. The finding of the High Court, on facts, runs to the teeth of the evidence on record.;