Debangsu Basak, J. - (1.) A dismissed employee, while working as a Manager of the Dalhousie Square Branch of Bharat Oversead Bank Limited, assails a memo dated October 30, 2013.
(2.) By the impugned memo, Indian Overseas Bank, purporting to review the decision of the appellate authority for concurring with the findings of the disciplinary authority and awarding a sentence of compulsory retirement, refused to review such decision.
(3.) Learned advocate for the petitioner submits that, the petitioner was discharging his duties as Managing of Bharat Overseas Bank Limited, Dalhousie Branch at the fateful time. A current bank account was opened in the name of South Eastern Railways at such Branch. The account opening form bore the signature of a natural person as the introducer. It was alleged that, the petitioner in connivance and collusion with the person introducing the account and persons defrauded Tata Iron & Steel Company Ltd. (in short TISCO) as well as South Eastern Railways by facilitating cheques issued by the TISCO to be encashed in such bank account and the proceeds to be disbursed therefrom. He submits that, although, the petitioner was the Manager of such branch at that material point of time, the petitioner did not participate in any criminal activity or acted fraudulently or dishonestly with the banking transaction had in such account. In fact, immediately upon discovery of the fraud, even much prior to the initiation of any proceeding against the petitioner, the petitioner informed the Chairman of the Bharat Overseas Bank Limited about the misdeeds.;