- (1.) The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India to challenge the order dated 12.11.1991 (Annexure P/17) passed by the disciplinary authority of the Dena Bank imposing two penalties, (i) reduction in basic pay by two stages with cumulative effect on charge No. 1 and (ii) removal from service with immediate effect on charge No. 2 and the order Annexure P/19 dated 15.2.1994 passed in appeal by the Appellate Authority dismissing his appeal against the order of punishment.
(2.) The petitioner joined as Agricultural Officer Scale I on 29.9.1980 and was confirmed on 1.10.1982. He was transferred to Jalandhar on 4.10.1980 and thereafter at Gurdaspur on 12.12.1985 where he remained till November, 1987 and from there he was transferred to the branch of the Bank in Samana Bahu. The petitioner was promoted as Manager Scale II and posted at the Head-Office, Bombay where he joined on 16.1.1989. According to the petitioner he suffered a sudden pain in the abdomen and came on 21.1.1989 to Karnal, his home town. The version of the respondent-Bank is that the petitioner remained continuously absent with effect from 22.1.1989 and committed serious irregularities in recommending certain loan cases while he was posted as Agricultural Officer at Gurdaspur Branch of the Bank.
(3.) The petitioner was served with a charge sheet (Annexure P/3) dated 20.8.1990 containing the following charges: 1. that while he was working as an Agricultural Officer at Gurdaspur Branch during the period from December, 1985 to November, 1987, he recommended for sanction and/or disbursement the loan amounts to 8 different persons mentioned in the charge sheet; It was stated that the following irregularities were found: (a) he did not observe the norms i.e. spot verification of the land records so as to ascertain that the land belongs to the prospective borrowers; to counter check the existence and genuineness of the ownership/possession of land against which the bank was going to end advance from the local villagers or from the Head of the village (Pradhan or Sarpanch); to interview the prospective borrowers to ascertain the veracity of their statements regarding ownership of land; expected generation of income from the bank's funds; borrower's repaying capacity before loan/advance is recommended for sanction/disbursement by an Agricultural Officer and carry out post-disbursement supervisions/follow up to ensure proper end use of loan. (b) that he either in collusion with revenue officials/advocates or by himself, exposed the bank to financial risk/loss by giving false information based on fake documents in respect of the land etc. while recommending the above loans for sanction/disbursement, as the land mortgaged to the bank in the above cases does not exit. 2. While working as Manager in Social Banking Department, Head Office, Bombay since 16.1.1989 he left his department on 21.1.1989 at around noon without prior permission of his superiors and had not been attending the office since then. Social Banking Department vide their letters dated 25.1.1989, 16.2.1989 and 21.2.1989 advised him to report for duties immediately. Being not satisfied with the medical certificate submitted by him, Social Banking Department further vide their letters dated 4.4.1989 and 2.5.1989 called upon him to furnish medical certificate from Chief Officer of Government Hospital. Moreover, Personnel Department vide their letter dated 18.5.1989 also advised him to submit medical certificates of Government Hospital and to report for duties immediately. Again on 15.5.1990 Personnel Departmental instructed him to report for duty immediately. Inspite of the aforesaid letters he failed to resume his duties and to submit the necessary Government Hospital's certificate. He has, thus, remained on unauthorized absence from 23.1.1989 thereby affecting the working of the department. 3. His above referred act(s) if proved will constitute the following act(s) of misconduct. (a) Lack of honesty/integrity/diligence in discharge of his duties involving or likely to involve the bank into financial loss/risk; (b) Committing act(s) prejudicial to the interest of the bank's; and/or (c) Violation of Bank's rules/procedures resulting into or likely to result into heavy financial loss/risk; and/or (d) Act(s) unbecoming of a bank officer. (4) The above act(s) of misconduct proved against him shall reflect contravention of Regulation 3(1) and 3(3) read with Regulation 24 of the Dena Bank Officer Employee's (Conduct) Regulation 1976 punishable under Dena Bank Officer Employee's (Discipline & Appeal) Regulations, 1976.;