Sunil Ambwani, R.M.Chauhan - (1.) HEARD learned counsel for the petitioner. Sri K. N. Misra appears for respondent-bank.
(2.) SHRI Atam Prakash, the petitioner was appointed as Asstt. Field Officer in U. P. Sahkari Gram Vikas Bank Ltd. in 1990. He was appointed as District/Senior Manager in the year 1995. In the period between 29.8.1998 to 2.11.1999 he was posted as District/Senior Manager, Pilibhit of the bank. The petitioner was promoted as Regional/ Asstt. General Manager in March, 2000 in Kumayun Region and was thereafter transferred to Gorakhpur region. A charge-sheet was served upon the petitioner on 16.1.2002 relevant to his posting in Kumayun region as well as Gorakhpur region. The charges related to failure to hold an enquiry on the complaint made by one Shri Shyam Lal, forwarded to the petitioner with endorsement of the Chief Minister of the State ; failure to hold an enquiry in respect of complaints of 25 persons and acting negligently in distributing the loans; failure to make enquiry in respect of an officer regarding misappropriation and remaining absent in the office of 29.11.2001 without any sanctioned leave or permission of the authority. The petitioner submitted a reply to the charge-sheet on 21.9.2002. The enquiry officer without holding any enquiry found that the charges were proved and submitted an enquiry report on 25.9.2003. No action was taken on this enquiry report.
(3.) ON 2.8.2005, the Board of Management, U. P. Sahkari Gramin Vikas Bank Ltd. placed the petitioner under suspension on the ground that when the petitioner was posted as Senior Manager at Pilibhit during 29.8.1998 to 2.11.1999, he had committed irregularities in distribution of loans. The allegations included the charges in the earlier charge-sheet. Aggrieved the petitioner preferred Civil Misc. Writ Petition No. 1391 (S/B) of 2005 at the High Court at Lucknow, which was disposed of on 22.8.2005 with directions that the charge-sheet be given to the petitioner within 10 days; his reply to be submitted within four weeks and thereafter to conclude the departmental enquiry by 31.12.2005 and if these proceedings are not concluded by 31.12.2005, the suspension order dated 2.8.2005 was to stand automatically revoked. A charge-sheet was given to the petitioner by the enquiry officer on 29.8.2005. All the allegations constituting charges related to the period, when the petitioner was posted as Senior Manager between 29.8.1998 to 2.11.1999 at Branch Pilibhit. It was alleged that the petitioner sanctioned loans to 153 persons/matters of Rs. 51 lacs on the security of lease lands under the Government Grants Act. Out of this in 37 matters the applicants were not in possession. The charge No. 2 related to the same loans granted to 153 persons of Rs. 51 lacs out of which no recovery could be made in 51 cases. The charge No. 3 related to following wrong practices against the directions of the headquarters, in respect of disbursing loan to 27 persons, who were defaulters of the bank and were given second loans within six months. The charge No. 4 related to the failure to make appropriate assessment of the capacity, asset creation, financial means and the capacity of the borrowers to pay the loan, and charge No. 5 related to giving loan to such lease holders, who were having history of being defaulters and thus causing loss to the bank.;