SUNIL AMBWANI & VIRENDRA SINGH, JJ. - (1.) 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 June 26, 2004 passed by the Disciplinary Authority; and the order dated February 18, 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.
(3.) The petitioner was serving as an Officer MMG/S-I1, E.C.#55384 and was working as Branch Manager at Kemri Branch, District Rampur. A Memorandum dated June 30, 2003 enclosing 'Articles of Charges" & "Statement of Allegations" along with '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 August 6, 2003. On August 6, 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 March 18, 2004 to the disciplinary authority. The petitioner was required by an order dated March 24, 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 June 30, 2003 were found proved against the petitioner. The Deputy General Manager, Zonal Office, Bareilly as Disciplinary Authority punished the petitioner by his order dated June 26,2004 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.";