M. Katju and D.R. Chaudhary, JJ. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has challenged the impugned orders dated 16.8.88, 11.10.89 and 5.2.90, Annexures-7, 9 and 11 to the petition. The petitioner was appointed in United Commercial Bank in 1966. He was promoted as officer grade-I in 1977. On 3.12.80. the petitioner joined as officiating Branch Manager and functioned from 3.12.80 to 26.6.81. During the officiating period, the petitioner granted certain facilities of temporary overdraft/purchase of cheques for which he was charge-sheeted and suspended. True copy of charge-sheet is Annexure-1 to the petition. A reply of the petitioner dated 16.8.85 is Annexure-2 to the writ petition. Thereafter an enquiry was held and the petitioner by order dated 16.8.85 was removed from service. He filed an appeal which was dismissed by order dated 11.10.89 and the review petition was also rejected, hence this petition.
(3.) The only point which learned counsel for petitioner has pressed, is regarding the quantum of punishment. He has submitted that the petitioner should have been given a lesser punishment. The enquiry report is Annexure-6 to the writ petition. The finding of guilt is a finding of fact which cannot be in terfered with in writ jurisdiction. However, the question remains whether the petitioner deserves a lesser punishment. In his appeal copy of which is Annexure-9 to the petition, the petitioner has given his explanation. There is no charge of embezzlement of any amount or misappropriation by the petitioner. The petitioner has contended that at best, there were lapses committed by him and this was due to the fact that a new branch of the Bank was opened at Mirzapur on 2.12.80 and the petitioner was transferred and posted as Assistant Manager in the said branch on the very first date, i.e., 2.12.80. The petitioner functioned from 3.12.80 to 26.6.81 as the officiating Branch Manager. Since the Bank was new and the petitioner was newly appointed several facilities and incentives were given to the customers.;