Tapan Mukherjee, J. - (1.) THIS appeal at the instance of the petitioner is directed against the judgment and order passed by Learned Single Judge in W.P. No. 1391(W) of 2004 dismissing the writ petition filed by the appellant -petitioner challenging the order of his dismissal from service passed in connection with disciplinary proceedings started against him. The petitioner was Manager of Chandabila Branch of United Bank of India in the District of Paschim Midnapore during the period of 14.12.88 to 30.5.90. Then he was transferred to different Branches of the Bank. While the said petitioner was posted as officer Bhawnipur Branch the disciplinary proceedings was started against him on the following Articles of charge: During the tenure of your service as Manager of Bank's Chandabila Branch from 14.12.1988 to 30.5.1990 you have failed to take all possible steps to ensure and protect the interest of the Bank and discharge your duties with utmost integrity, honesty, devotion and diligence in that: 1. District Rural Development Agency (D.R.D.A.) Midnapore sent 4 (four) cheques to your branch in respect of subsidies on IRDP schedule with a total sum of Rs. 4, 68, 833/ -. The said cheques were collected through bank's Sepai Bazar Branch vide OCC No. 3/90 to 6/90 of your branch. Subsequently, on receipt of the proceeds you credited said amount to the marginal deposit a/c. on 28.2.1990 to the debit of CA advice No. 15/227902 for Rs. 4, 68, 833/ - of the Bank's Sepai Bazar Branch. But you did not enter the names and related amount of subsidies of all the beneficiaries of the said subsidies in the subsidy register. With malafide intention, you have not entered the names and amount of subsidies of the 12 (twelve) IRDP borrowers for Rs. 60,000/ - (Rs. 5,000/ - per borrower) relating to IRDP loan account Nos. 45/90 to 56/90. It led to a discrepancy of Rs. 60,000/ - from the actual amount of subsidy received by you as stated above i.e. of total subsidy amount of Rs. 4, 68, 833/ - received, the Subsidy Register shows a total figure of Rs. 4, 08, 833/ - though subsidy of 12 IRDP borrower for Rs. 60000/ - was received at the branch from DRDA, Midnapore through cheque No. 027911 dt. 25.12.1989 for Rs. 2, 40, 333/ - (for 93 beneficiaries including said 12 IRDP borrowers) and credited to Marginal Deposit a/c. You have done so deliberately to conceal the fact with malafide intention and ulterior motive.
(2.) YOU sanctioned and disbursed IRDP loans under loan account No. SSI 45/90 to 56/90 to 12 borrowers with a project cost of Rs. 10000/ - (Ten thousand) each out of which Rs. 5000/ - was loan component and Rs. 5000/ - subsidy component per borrower. Out of total amount of Rs. 1,20,000/ - Rs. 60000/ - was loan component and Rs. 60000/ - was subsidy for the said 12 borrowers relating to IRDP loan account SSI/45/90 to 56/90 detains of which are given in annexure A. But with ulterior motive you disbursed the said loans and subsidies to 12 fictitious persons instead of to the original applicants who got sanction from DRDA and whose names appeared as borrowers in the loan ledger A/c. SSI 45/90 to 56/90, as certified by the present Pradhan of Chandabila Gram Panchayat, Shri Haradhan Bera. The entire loan and subsidy amount for Rs. 1.20 lac of the said 12 IRDP beneficiaries under account No. SSI/45/90 to 56/90 had been misappropriated by you in connivance with Sri Subhendu Kumar Das, Ex Prodhan of Chandabila Gram Panchayat and Sri Madan Mohan Saha, Ex/CCG of Chandabila Branch. Although the bank's loan components were subsequently liquidated subsidy amount of Rs. 60,000/ - have been misappropriated by you.
(3.) YOU had deliberately removed the relative loan documents of 12 (twelve) a/cs. (loan a/c. No. SSI/45/90 to 56/90) including the subsidy list of DRDA, Midnapore jointly with Sri Madan Mohan Saha, Ex. CCG of the Branch to conceal the fact and to destroy documentary evidences of your above stated misdeed.;