- (1.) Heard Sri R.S. Mishra, learned counsel for the petitioner and Sri Amrish Sahai, learned counsel for the respondents. 1. The petitioner has challenged the correctness/legality of the order dated 8.11.2005 (Annexure-10 to the writ petition) wherein the petitioner has inflicted a punishment of degradation towards lower stage in his incremental scale by 13 increments and the order dated 21.3.2006 wherein the appellate authority has reduced the aforesaid punishment from 13 increments to 8 increments. 2. The petitioner was working as an officer in Bareilly Kshetriya Gramin Bank, a sponsored bank in District Bareilly which is now known as Baroda Western U.P. Gramin Bank (herein referred as Bank). 3. On 21.6.2005 statement of allegations on which article of charges were based were served on the petitioner, wherein it was alleged, that the petitioner while working as an officer at Aonla Branch during the period 16.2.1999 to 5.6.2002 was entrusted:- 1. The task of conducting pre sanction survey in respect of application dated 27.12.2001 (in which contents were filled by you) submitted by one Mr. Rajinder Prasad S/o Sri Ram Dutt Sharma was entrusted with you by the Branch Manager of our Aonla branch. The survey was carried out by you on 20.12.2001 and you inter alia certified as under:- i)the applicant Mr. Rajinder Prasad has a land holding of 32 bigha (5.04 acres) identified by Khatauni No. 32, 224, 219, 124, 198, 213, 214, 215, 216, 217 and 254 and accordingly affixed your signatures on these khataunis where as the said khataunis were fake documents. ii)Applicant is properly identified by you and you are satisfied that he is honest. iii)Other particulars given in said application are correct. It was on above basis and on basis of your recommendations, the Branch Manager sanctioned a facility of Rs. 45000 under the KCC scheme to Mr. Rajinder Prasad (borrower) and as stipulated in the sanction letter dated 20.12.2001 the above mentioned 32 bigha land (which was surveyed by you) was mortgaged to the bank on 27.12.2001. The above said loan account had to be classified as NPA on April 2004 and the branch initiated recovery proceedings under UP Agriculture Credit Act 1973 on 8.10.2004. It has now been established that the aforesaid borrower actually owned Approx. 7 bigha of land (0.471 hectare) and to following extent findings of your pre sanction survey were incorrect and lead the Branch Manager to sanction and disburse facilities: beyond the entitlement of the applicant under the KCC scheme on the basis of mortgage of land measuring 32 bighas where as the bank had a security to the extent of approx. 7 bigha of land thereby rendering the advance to be unsecured to that extent. To an applicant who was not an honest person as observed by you as applicant had induced the bank to sanction loan of a larger amount on the basis of land which he did not own. The survey conducted by you was deficient and the authorities who relied on the same made a decision to lend money to the applicant which turned out to be detrimental to the interests of the bank.
(2.) As per records of Tehsildar Aonla, on 01.11.2002 the title of land measuring 0.471 hectare which was owned by aforesaid borrower and which was mortgaged to our bank on 27.12.2001 was transferred to you for a consideration of Rs. 86500. the loan granted above said was still outstanding in the name of the borrower when the title was transferred in your name. You had specific and public notice that the land you purchased was mortgaged to the bank in respect of a loan where you had done the survey. The property on which bank had a specific charge was purchased by you without seeking prior permission of the bank. The purchase of above said property was not reported by you in your Asset and Liability Statements as on 31.03.2003 and 31.03.2004 and when the matter has came into the notice of bank and your explanation was sought vide HO letter No. HO:VIG:26:260 dated 01.06.2005, you have submitted that you have erroneously omitted to mention the acquisition of land vide your letter dated 03.06.2005 addressed to the undersigned. In Asset & Liability Statement as on 31.03.2005 you have incorporated that you purchased the above property from borrower in 2002 for a consideration of Rs. One lac approximately. Thus from the stage of survey till purchase of land (mortgaged to the bank) by you from the borrower of the bank various acts of omission and commission have been made by you for personal gains and also to defraud the bank and harm it's financial interests.
(3.) The task of conducting pre sanction survey in respect of applications dated 23.10.2001 (in which contents were filled by you) submitted by Mr. Bhoorey Lal S/o Sri Sukh Lal & Sri Ram Nath S/o Sri Sukh Lal R/o Vill. Kharagpur was entrusted with you by the Branch Manager of our Aonla branch. The surveys were carried out by you on 24.10.2001 at 3.30 p.m. and you inter alia certified as under: a. The each applicant has a land holding of 2.404 hectare (approx. 37 bigha) and identified by Khatauni No. 263 and accordingly affixed you signatures on these khataunis where as the said khataunis were fake documents. b. applicants are properly identified and that you are satisfied that they are honest. c. other particulars given in said application are correct. It was on above basis and on basis of your recommendations the Branch Manager sanctioned a facility of Rs. 45000 under the KCC scheme of the bank to each of them and as stipulated in the sanction, the above mentioned 2.404 hectares (approx. 37 bigha) land in each case was mortgaged to the bank on 29.10.2001. The above said loan accounts had to be classified as NPA on April 2004 and the branch initiated recovery proceedings under UP Agriculture Credit Act 1973 on 8.10.2004. It has now been established that the aforesaid Sri Bhoorey Lal S/o Sukh Lal and Sri Ram Nath S/o Sri Sukh Lal actually owned 0.242 hectare land in each case and to following extent findings of pre sanction survey conducted by you are incorrect and lead the Branch Manager to sanction and disburse facilities beyond the entitlement of the applicants under the KCC scheme on the basis of mortgage of land measuring 2.404 hectares (approx. 37 bigha) where as the bank had a security to the extent of 0.242 hectares land thereby rendering the advance to be unsecured to that extent in each account. To applicants who were not an honest persons as observed by you as applicants had induced the bank to sanction loan of a larger amounts on the basis of land which they did not own. The surveys conducted by you were deficient and the authorities who relied on the same made a decision to lend money to applicants which turned out to be detrimental to the interests of the bank as the aggregate outstanding balance in these two Non Performing accounts as on date is Rs. 116,940/- + interest since NPA remains to be applied and recovered.;