- (1.) BY the Court.- Heard Shri Shashi Nandan, Senior Advocate assisted by Shri Amit Sthalekar and Shri S.K. Pandey for the petitioner. Shri Vipin Sinha appears for the respondent-bank.
(2.) THIS writ petition is directed against the order dated 26.6.2004 passed by the Disciplinary Authority; and the order dated 18.2.2005 passed by the Appellate Authority of the Bank of Baroda, by which the petitioner was dismissed from service under the Bank of Baroda Officer Employees' (Discipline and Appeal) Regulations, 1976 (Regulations of 1976), and his appeal was dismissed. The petitioner was serving as an Officer MMG/S-II, E.C.#55384 and was working as Branch Manager at Kemri Branch, District Rampur. A Memorandum dated 30.6.2003 enclosing "Articles of Charges" and "Statement of Allegations" alongwith 'List of Documents/Witnesses' was served upon him for the acts of omission and commission in respect of reckless sanction and disbursement of loans under various schemes, without observing the Bank's guidelines; flagrant violation of system and procedures; blatant misuse of his discretionary lending powers, for making wrongful gains to himself and demand/acceptance of bribe. The petitioner filed written statement on 6.8.2003. On 6.8.2003, Shri R.K. Thakkar, Senior Manager, Zonal Office, Bareilly was appointed as enquiry officer, under Regulation 6 (2) of the Regulations of 1976. The enquiry officer submitted his findings on 18.3.2004 to the disciplinary authority. The petitioner was required by an order dated 24.3.2004 for making his representation against the findings. The disciplinary authority found that the enquiry was conducted fairly and adequate opportunity was given to the petitioner and accepted the findings of the enquiring authority. All the six charges contained in the Memorandum dated 30.6.2003 were found proved against the petitioner. The Deputy General Manager, Zonal Office, Bareilly as Disciplinary Authority punished the petitioner by his order dated 26.6.2004 with following observations: "Dismissal from Bank's service which shall ordinarily be a disqualification for future employment upon him. Further the suspension period of Mr. Ram Avtar shall be treated as period not spent on duty and he shall not be entitled for increments due during the suspension period."
(3.) BRIEFLY stated the allegations levelled against the petitioner, in the charge-sheet were as follows: "During the period from April 2001 to June 2002, while working as Branch Manager of Kemari Branch District Rampur Mr. Ram Avtar was alleged to have committed the following acts of omission/commissions: • He sanctioned 450 loan accounts compromising therein qualify of loans, resorted to reckless financing, violating Bank's systems and procedures. • LABOD OF Rs. 20,000/- was sanctioned by him where in it was found that the FDR was not discharged, lien was not noted, stamped undertaking in respect of LABOD to minors was not obtained, LDOC-1 was unsigned and documents were kept blank. • He disbursed 105 dairy loans wherein no intermediary inspection was done between release of first and second instalments of loan, pre-sanction inspection reports were prepared in casual manner without proper appraisal/assessment of the borrowers/facilities, disbursement was made in cash violating the bank's established norms, repayment is not forthcoming in several accounts thus entailing financial loss to the Bank. • He sanctioned and disbursed 44 loans under Rice Huller Scheme wherein following irregularities observed: Pre-sanction inspection reports were prepared casually without carrying out technical feasibility/economic viability of the unit. Out of 44 cases 7 accounts amounting to Rs. 3.66 lacs turned as NPA within a short period of one year of disbursement and most of the other accounts were on the verge of becoming NPA. No post sanction inspection was carried out in most of the accounts, resulting in non-creation of complete assets/total misutilisation of bank's funds. In some cases loan was disbursed to for brands of machinery which was not approved by CSIR, a Govt. Agency, who may refuse to grant subsidy in these cases. Minimum margin of 5% as stipulated in the scheme was not obtained. Not maintained, proper record of the loan application received. Full loan including civil work component of Rs. 18,000/- was disbursed in one ago, in all cases to the supplier of machinery without ensuring endues of funds. • He sanctioned and disbursed loan of Rs. 10,000/- under SIRS to staff relative without any authority from Regional Office. • He accommodated few existing NPA or RC filed borrowers by sanctioning/disbursing fresh credit facilities for liquidation of old outstanding loans. • He accommodated and favoured some borrowers by sanctioning more one loan for different activities, which are proving difficult for recovery and are likely to become NPA. • He did not obtain LADs in respect of 13 accounts aggregating Rs. 2.12 lacs which became time barred during the period April 2001 to June 2002 and thus exposing bank to loss to that extent. • He charged Rs. 20/- per no dues certificate issued by him instead of Rs. 50/- per certificate, thereby causing revenue loss of Rs. 30/- per certificate to bank. • People of the area complained against him for demanding and accepting illegal gratification/bribe for sanction of loans. The irregularities in granting loans as well as acceptance of bribe on his part have also been highlighted in the local newspaper in June 2002 which had severely damaged bank's image." ;