MADAN B.LOKUR,J. - (1.) This appeal raises an interesting question of law on access to justice in a departmental inquiry. In our opinion, the respondent (Rajendra Shankar Shukla) was not given a fair opportunity to defend himself by denying him financial resources. On the merits of the case also, we are of the view that the impugned judgment and order of the High Court does not call for any interference.
(2.) The allegation against Shukla was that while in charge of the extension counter of the UCO Bank from 3 rd October, 1987 to 8th July, 1994 he issued a cheque on 25th January, 1991 for an amount of Rs.3 lakhs in favour of his brother. At that time, Shukla had only about Rs.1,000/- in his account. We are only concerned with this broad allegation.
(3.) Shukla was issued a charge sheet on 20th May, 1998 (after about 7 years) by the respondent (Bank) under the provisions of the UCO Bank Officer Employees' (Conduct) Regulations, 1976. The articles of charge against Shukla were as follows:- (I) Shri R.S. Shukla issued/got issued a cheque on his joint account without making any arrangement of adequate balance and intention to honour it, only to cause wrongful benefit to his relative, at the cost of the Bank. He has thus failed to discharge his duties with utmost integrity and honesty, which is violative of Regulation 3 of UCO Bank Officer Employees' (Conduct) Regulations, 1976 as amended. (II) Shri Shukla, by making available the official correspondence (exchanged between regional office, Raipur and his branch) to his son which he later quoted in his proposal for compromise of Transport Loan availed by him, has not only acted against the interest of the Bank but also has deliberately divulged information of a confidential nature to a person - his son, not entitled to it, which is violative of Regulation 4 of UCO Bank Officer Employees' (Conduct) Regulations, 1976 as amended. (III) By availing loans and that also frequently, far in excess of the permissible amount against NSCs and FDRs without paying interest at the applicable rates, Shri R.S. Shukla has failed to discharge his duties with devotion, honesty and utmost integrity. This act is violative of Regulation 3 of UCO Bank Officer Employees' (Conduct) Regulations, 1976 as amended. ;