- (1.) The petitioner is aggrieved by the Annexure-17 order dated 1st February, 2010 by which, pursuant to a departmental proceeding, he has been dismissed from service. He is also aggrieved by the Annexure-19 order dated 28th February, 2011 of the departmental appellate authority, declining to interfere with the order of dismissal passed by the disciplinary authority. The petitioner while was serving in the respondent Bank was placed under suspension vide Annexure-1 order dated 16th March, 2009. As the petitioner him self has stated in the writ petition (paragraphs 5 and 6), there was incident of misappropriation of depositors money. As stated in paragraph 5 of the writ petition, after the transfer of one Shri Karuna Kanta Das, Head Cashier of the respondent Bank, who was working alongwith the petitioner in the particular Branch (Maharipara Branch), the depositors' could come to know that the money deposited in their Bank accounts for which due receipts were also given, in fact was not deposited. The aforesaid order dated 16th March, 2009, placing the petitioner under suspension was followed by the Annexure-2 memo of charge dated 16th April, 2009, alleging against the petitioner misappropriation of depositors' money in collusion with the said co-employee, namely, Shri Karuna Kanta Das. In response to the same, the petitioner submitted his explanation dated 27th April, 2009 (Annexure-3). For a ready reference, the charge memo dated 16th April, 2009 and the reply of the petitioner dated 27th April, 2009 are quoted below:-- "1. Mr. Barman had been found to have colluded with Mr. Karuna Kanta Das, formerly Head cashier 'E' of Maharipara Branch (under suspension) who has receiving the cash from Bank's customers on various dates, but did not enter into cash scroll and did not deposit such cash into Bank's Coffer, whereas he used to hand over stamped and initiated counterfoil of pay-in-slip to the tendered of deposit to convince the depositors that their money was properly deposited in their respective accounts. Mr. Barman as such had helped Mr. K.K. Das 'Head Cashier (U/S) for misappropriation of customers Deposit for his/or their mutual personal benefit causing distrustful act and cheating the customers of the Bank. Such acts on the part of Mr. Barman caused huge pecuniary losses to the Bank apart from tarnishing the reputation/image of the Bank in the eyes of the public. 2. Mr. Barman remained instrumental for making personal payment to the customers by receiving cash from Karuna Kanta Das, former Head cashier (under suspension) Maharipara Branch which proved that he had colluded with the Head cashier (u/s)n for his personal gain/benefit." "To, Date-27.4.09 The Branch Manager, Central Bank of India, Maharipara Branch. Reg: Alleged act of pecuniary irregularities to the detriment of Bank's interest. Ref: Bank's Memorandum No. BM/MAHARI/GUWA/09-10/02 Dated: 16.04.2009. Respected Sir, I Sri Dambarudhar Barman, CTO, Maharipara Branch (under suspension), do acknowledge receipt of your above referred memorandum and noted the contents therein and doing so do submit my explanations there against as sought by you. That Sir, as alleged by you vide your MEMO dated 16.04.2009, I never colluded with Mr. Karuna Kanta Das, HC (under suspension) in any of his actions. But as Mr. Das happened to be my colleague, on the strength of such relation I had to assent to his request. While on 12.03.2009, the proprietor of M/S Jhuma Store and M/s. Jonali Suta Bhandar, came to our branch to withdraw money from their CD accounts, they found that the amounts deposited by mem earlier were not duly credited to their accounts. This was brought to the notice of the Branch Manager immediately whereupon the BM advised the parties to lodge a written complaint stating the matter. The said two clients did comply with Branch Manager's advice and also contacted the HC Mr. K.K. Das who was in his residence whereupon the HC assured both the parties to repay the money in cash misappropriated by him. Simultaneously, Mr. Karuna Kanta Das requested me over telephone to collect the amount from him at Adabari (Guwahati) bus stand for onward repayment of the amount to the parties. Sir, I simply agreed to the request of Mr. K.K. Das and collected from him and paid back the same to the parties as advised by the then Branch Manager in presence of other staff members of the branch. Whereas I did repay the money to the parties keeping in mind bank's interest, I never indulged myself in action which tantamount to pecuniary loss to the bank or that which may jeopardize bank's reputation amongst the clientele. Again, I make it appropriate to emphasize before you that I never colluded with any irregular actions of Mr. K.K. Das and whatever I did was complying to his request as a colleague only and that too as was discussed with the Branch Manager of the Maharipara Branch Sri A.K. Goswami and above all intending to duly compensate the clientele whose deposits were defrauded by former Head Cashier of the branch. Sir, I hope this clarification from me shall satisfy you and I request your good self not to initiate any disciplinary action against me as hinted by you in your memorandum. Thanking you, Yours truly, Sd/-Illegible Dambaru Dhar Barman CTO (U/S) Maharipara Br. 27.4.09."
(2.) After the aforesaid development, a formal charge sheet was issued to the petitioner vide Annexure-4 dated 2nd May, 2009, which is also quoted below:-- "Chargesheet Whereas the explanation given by Shri Dambaru Dhar Barman, C.T.O. (u/s) of Maharipara Branch vide his letter dated 27.4.2009 against Bank's Memo no BR/MAHARI/Guwa/09-10/02 dated 16.04.2009 has been found unsatisfactory an unacceptable, it is decided to hold a departmental enquiry on the following charges which constitute gross misconduct as laid down under clause 5 (d) of memorandum of settlement dated 10th April 2002 on Disciplinary action Procedure for workmen vide central office circular no CO/PRS/2002-2003/19 dated 29.04.2002. Charge 1- Shri Dambaru Dhar Barman, C.T.O (U/S) of Maharipara Branch had been found to have colluded with Shri Karuna Kanta Das, Head Cashier 'E' of Maharipara Branch (under suspension) who had been receiving the cash from Bank's customers on various dates, but in good number of cases Shri Karuna Kanta Das did not record mem into cash scroll and did not bother to deposit such cash into Bank's Coffer, whereas he used to hand over stamped and initiated counterfoil of pay-in-slip to the tenderer of deposit to convince the depositors that their money was properly deposited in their respective accounts. Shri Barman as such had helped Shri Karuna Kanta Das 'Head Cashier (U/S) for misappropriating customers Deposit for their mutual personal benefit causing distrustful act and cheating the customers of the Bank, and thereby eroded the reputation of the Bank in the eyes of public. Charge 2-Shri Barman remained instrumental for making personal payment to me customers with a view to nullify the misappropriation and pacify some agitated complainants who earlier tendered cash deposit. Shri Barman received Rs. 225000/- on 13.03.2009 from Shri Karuna Kanta Das, former Head Cashier (under suspension) Maharipara Branch for the purpose of payment to the customers, the names and account numbers of whom are as under:-- The above mentioned acts on the part of Shri Dambaru Dhar Barman constitute criminal offence apart from being acts of misconduct in service. Further Shri Barman has tarnished the image of the Bank besides causing pecuniary loss to the Bank to the extent of Rs. 41.08 lacs as per reports received up to this date. Shri Barman has failed to discharge his duties with diligence and honesty, rather he acted with malafide intention for his personal pecuniary gain. Shri Barman is informed that the proposed enquiry will be held in respect of the above stated charges if he does not admit or deny the said charges. If any of the charges is admitted by Shri Barman, the same will be treated as 'admitted' and no enquiry will be held in respect of such admitted charge/charges. Shri Barman should therefore specifically deny or admit each 'charge' leveled against him in this Chargesheet. In the circumstances Shri Dambaru Dhar Barman is hereby given 15 (fifteen) days time to give/submit his written statement against each charge mentioned in this Chargesheet, the undersigned, being the Disciplinary Authority will proceed with the matter as the deems fit and proper. Shri Barman is informed that he will be given full opportunity at the proposed enquiry by the management if it is required to be held and he will be given opportunity to lead evidence if he so desires. Shri Barman, if he so desires, may take the assistance of any employee of the Bank of in defending him in the proposed Departmental enquiry if the circumstances warrant holding of such an enquiry."
(3.) In response to the charge-sheet, the petitioner vide his reply dated 9th June, 2009 denied the charges. However, he also referred to his earlier reply dated 27th April, 2009, quoted above. In addition to the said charge sheet, the petitioner was also furnished with an additional charge sheet dated 30th September, 2009, which is also quoted below:-- "Additional Charge No. 1 While working in the capacity of Computer Terminal Operator (CTO) (u/s) at Maharipara Branch under Regional Office Guwahati during the period from 30.06.1998 to 14.03.2009, the following serious irregularities/lapses were observed in Cash Payment On 04.10.2008 in 67 (sixty seven) numbers of cash payment through withdrawal slips were made flouting all types of banking norms required for making such payment. In all the cash payment the amount in figure is penned down and written afresh below the original amount and there was no authentication on the withdrawal slip. The amount in figure and words differ in all the withdrawal slips. The details of the accounts where such irregularities exit are indicated below: The above mentioned acts on the part of Shri Dambaru Dhar Barman constitute criminal offence apart from being acts of misconduct in service. Further Shri Barman has tarnished the image of the Bank besides causing pecuniary loss to the Bank to the loss of Rs. 41.08 lacs (approx). Shri Barman has failed to discharge his duties with diligence and honesty; rather he acted with malafide intention for his personal pecuniary gain. Additional Charge No. 2 On 27.12.2007 the Bank sanctioned a House Building Loan to the tune of Rs. 7,50,000.00 under Direct Housing Finance Scheme to Shri Dambaru Dhar Barman for construction of his Residential building on a plot of land as described below. The said loan was disbursed from Maharipara Branch. Dag No. : 416 Periodic Patta No. : 68 Area of Land : 1 Bigha 2 Kathas 10 Lechas Village : Lakhopur Mouza : Khetri Dharmapur District : Nalbari, Assam. The said Land stands in the name of Shri Dambaru Dhar Barman. Shri Barman deliberately misutilized the loan amount and the irregularities in this respect are as under: (A) On verification it is found that Shri Barman has not constructed the house on the plot of land mentioned above. (B) On physical verification it is found that he has not utilized the entire loan amount of Rs. 7,50,000/- for the purpose for which it was sanctioned. (C) By not utilizing the loan amount for the purpose of house construction Shri Barman has deliberately and willfully diverted the fund for any other purpose. The above mentioned acts on the part of Shri Dambaru Dhar Barman constitute acts of misconduct in service apart from constituting the offence of fraud and cheating. Shri Barman has failed to discharge his duties with diligence and honesty; rather he acted with malafide intention for his personal pecuniary gain.";