- (1.) This writ petition under Article 226 of the Constitution of India has come up at the instance of petitioner, Gyandendra Kumar, who was working as Assistant Manager in Indian Overseas Bank (hereinafter referred to as 'Bank') at its branch, Veterinary College, Mathura, and he has assailed order dated 30.05.2012 (annexure 17 to writ petition) passed by General Manager / Disciplinary Authority imposing punishment of dismissal in terms of Regulation 4 (J) of Indian Overseas Bank Officer Employees' (Discipline and Appeal) Regulations 1976 (hereinafter referred to as "Regulations 1976"). The aforesaid order further directs that period of suspension shall be treated as not spent on duty and petitioner shall not be entitled to any monetary or other benefits, other than amount of subsistence allowance already paid. Petitioner has further challenged appellate order dated 30.01.2013 passed by respondent-3 and Review order dated 17.05.2013 passed by respondent-4 Chairman and Managing Director/Revenue Authority of the Bank in review petition.
(2.) Facts in brief giving rise to present dispute are as under.
(3.) Petitioner was appointed as Probationary Officer in Bank on 15.10.2007. After completion of probation period, he was posted as Assistant Manager, Veterinary College Branch of the Bank at Mathura. At the relevant time one Promod Kumar Mahendra was posted as Senior Manager, and Gauri Sankar as Deputy Manager in the aforesaid branch. Senior Manager Sri Pramod Kumar Mahendra sent a complaint to Chief Regional Manager, Regional Office Jaipur, vide letter dated 06.09.2010 stating that some fraudulent transactions had taken place in the Branch, between February 2010 to August 2010, in different accounts, for a total amount of Rs. 5,00,000/-, approximately. It is also said that details examined by Senior Manager show that one of the staff of branch at the bank has used password of "Senior Manager" and "Manager", second line. Then he narrated modus operandi in the following manner:- "We furnish below the modus operandi for your verification and investigation. JUDGEMENT_789_LAWS(ALL)5_2018_1.html Representative of SB 708 visited the branch and tendered the pass book for completion. On going through the entries after completion of the pass book he pointed out that following entries do not belong to their account and why these amounts have been debited/credited to their account. Rs. 15000 on 28.04.2010 Rs. 30000 on 01.05.2010 Rs. 30000 on 03.07.2010 Rs. 60000 on 23.08.2010 The undersigned looked at the pass book and noticed that out of the above debits, a sum of Rs. 60000 is credited to the account on 23.08.2010. On verifying the lots it was found that the above entry has been passed by using the password of Senior Manager 1st line and Dy. Manager without their knowledge. On verifying the records it is found that no voucher is available in the branch for transfer entry of Rs. 60000. The undersigned satisfied the customer and requested him to wait till these entries are verified. " ;