- (1.) WE have heard Shri Vikas Budhwar, learned counsel for the petitioner. Shri Manoj Misra appears for the respondents-bank.
(2.) THIS writ petition is directed against the order dated 16.7.2005 passed by the Asstt. General Manager, United Commercial Bank, Regional Office, Varanasi, by which as a disciplinary authority, he has imposed punishment on the petitioner of dismissal, which shall ordinarily be a disqualification for future employment on charge Nos. 1 and 3 for having mis-behaved and manhandled a customer of the bank; and lowering of three stages from the present pay on charge No. 2 relating to representation made by the petitioner to the Asstt. General Manager, Varanasi and endorsing a copy thereof General Manager (Personnel) Head Office, Calcutta, by name, for non-sanction of overdraft limit to him. The General Manager (Operation. 1) (Appellate Autho Parry's (Calcutta) Employees'Union v. Parry & Co. Ltd., AIR 1966 Cal 31 rity in appeal) on 6.10.2005 modified the punishment on charge Nos. 1 and 3 to compulsory retirement and maintained the punishment on charge No. 2. The petitioner was initially appointed on 7.6.1973 in the clerical cadre of the bank at Rohtak, Haryana. He was promoted to Junior Management Grade, Scale-1 on 1.7.1980, and in Management grade Scale-2 on 19.12.1997. He was posted as Incharge Extension Counter, Mohaddipur, Gorakhpur on 9.12.2002 and was placed under Shri N.K. Pandey, who is alleged to be junior to him and was serving as Branch Manager. The petitioner was required to perform the supervisory work manually as there were no computers in the branch. Out of the three staff members at the extension counter, the permanently posted incharge got themselves transferred to the main branch. It is alleged that Shri Atma Ram Sharma, one of the previous incharge had attempted suicide and resigned from the bank service. It is also alleged that since the extension branch was having heavy rush of work with more than 70 vouchers per day, no one was prepared to work at the Extension Centre. A charge-sheet dated 30.7.2004 was served upon the petitioner with following allegations: "Shri B B Shukla (PFM No. 14670) Incharge, S H KIC Extension Counter, Mohaddipur of Gorakhpur Branch had indulged in various acts of omission and commission in the course of his duties for which the following allegations have been levelled against him: 1. (a) That on 29.3.2003, Sh BB Shukla misbehaved and also manhandled Mr Alok Pandey husband of Mrs Ranjana Pandey who came to know the fate of instruments deposited in Current A/s No. 3 'M/s Ranjana Interprises' on 17.3.2003 with him. Before, this Mrs Ranjana Pandey had also visited thrice to know the fate but no satisfactory reply was given by Sh B B Shukla to her rather misbehaved with her on her third visit. Thereafter on 29.3.2003, her husband has to come and Sh Shukla instead of providing customer service for redressing their grievance, resorted to misbehaviour and manhandling with Mr Alok Pandey. Sh Shukla caused hurt and injury to Mr Pandey and tore his shirt also during the course of manhandling. Mr Pandey managed his escape with difficulty from the bank premises. This is most unwanted and serious act on the part of Sh Shukla in the Bank premises with a customer and unbecoming of a bank officer. (b) Thereafter, Mr Pandey went to Police Station and lodged FIR 60/2003 on 29.3.2003 at 12.30 p.m. against Sh Shukla narrating the whole incident. (c) Subsequently, Sh Shukla also went to Police Station and lodged FIR on 29.3.2003 at 1.15 p.m. against Mr Pandey. (d) Sh B.B. Shukla has not reported the above incident to the controlling office and has thus concealed the fact. Not only this, he has acted otherwise to lodge FIR against the customer without seeking prior approval from the Controlling Office. (e) Aggrieved with the misbehaviour/manhandling on the part of Sh Shukla, they closed their account on 10.4.2003 with the bank. 2. Sh B B Shukla had represented vide his letter dated 17.7.2003 by addressing to AGM, Varanasi and endorsing the copy thereof to the then General Manager (Personnel), Head Office, Kolkata by name, for non-sanction of overdraft limit to him in terms of Head Office guidelines, falsely stating that three is no charge-sheet pending against him. Whereas, the fact remained that a charge-sheet dated 20.12.1999 (Letter of imputation/lapses) was already lying pending against him for alleged disorderly behaviour as System Administrator for disturbing routine and customer service of Allahabad branch. Thus he deliberately concealed material information from the higher office by falsely representing the facts. Besides, he had already indulged himself in the incidence mentioned in (1) above for which FIRs have been recorded. Asstt. General Manager (Disciplinary Authority)"
(3.) THE petitioner submitted his reply/objections to the charge-sheet on 13.8.2004 and demanded documents and list of witnesses, which was not supplied with the charge-sheet as well as preliminary investigation report. He protested for issuing charge-sheet in the end of July 2004, in respect of incident on charge Nos. 1 and 3, which is alleged to have happened on 29th March, 2003. It was stated by the petitioner that his son is pursuing study of B.Tech. for which the petitioner was required to pay the fees. When the petitioner applied for overdraft facility generally given to bank employees, it was denied to him. He further alleged that the allegations of mis-behaviour and alleged scuffle with the customer are not allegations of moral turpitude, on which the enquiry was sought to be proceeded against him. The petitioner was supplied with the First Information Report along with the letter of the Asstt. General Manager (disciplinary authority) dated 11.10.2004. In the First Information Report lodged by Shri Alok Pandey, a customer of the bank, it was alleged by him that he and his wife have current accounts in the Charphatak Branch of UCO Bank at Gorakhpur. On 17.3.2003 they deposited two drafts bearing Nos. 41884 and 84188. His wife went to the bank for receiving payment on several dates, on which the Manager Shri Shukla informed that the amount has not been credited to their account. For the third time, when his pregnant wife went to the branch, the Branch Manager misbehaved with her. When the complainant himself went on 29.3.2003 at 10.15 a.m. to inquire about his draft, the Manager Shri Shukla (the petitioner) misbehaved with him and threatened to kill him. He broke a glass with his hand to implicate him. He tore his shirt and hurt him. He somehow come out of the bank with the help of the bank employees and was reporting the matter to the police.;