- (1.) Heard counsel for the parties.
(2.) By the order dated 20.11.2003(Annexure-3 to the writ petition) passed by the Disciplinary Authority cum Regional Manager, Central Bank of India, Regional Office at Lalpur, Ranchi, the petitioner has been imposed with the punishment of removal from service with superannuation benefits i.e. Pension, Provident Fund and Gratuity as would be due otherwise under the prevalent rules, without disqualification from future employment. The petitioner's appeal was also rejected by the Appellate Authority cum Assistant General Manager, Central Bank of India, Jamshedpur Branch, respondent no.2 vide order dated 28.9.2004 (Annexure-5) to the writ petition. Both the orders are impugned herein.
(3.) The petitioner, who was a clerk in the respondent Central Bank of India at Chandri Branch was proceeded under the charge sheet dated 31.3.1999(Annexure-1) inter-alia on the following grounds:- Charge No.1:-that the petitioner accepted deposits amounting to Rs.1500 from Sri Yugleshwar Ram, the IRDP borrower of the branch (IRDP loan A/C No. 16/17) on 14.6.1996 towards recovery of loan amount and issued him the receipt by putting his initial signature thereon but the amount was not found credited in Bank's account. He therefore had embezzled the Bank's fund and failed to discharge his duties with utmost integrity,honesty, devotion and diligence, which constituted gross misconduct under Clause No. 19.5.(J) of the Bipartite Settlement; Charge No.2:- that petitioner refused to accept the lawful order of the management dated 13.12.1997, 26.12.1997 and further on 3.2.1998. Therefore, he disobeyed the lawful order of the higher authorities, which is a gross misconduct under Clause No. 19.5(e) of the aforesaid settlement; Charge No.3:- that the petitioner had stolen purposely with some ulterior motive the blank DD leaves from the branch premises, Chandri Branch bearing no. 004878-004900 i.e. 23 Blank DD leaves, which have been found later on by the Staff members from his residence at the time of search of his house. For these charges, petitioner was proceeded against and the Enquiry Officer, Sri S.N.Barik, Manager, Central Bank of India was initially appointed. However, after conclusion of the departmental Enquiry, on the petitioner's appeal against the earlier order dated 28.3.2002, Sri S.R. Sukla, A.G.M cum Appellate Authority directed to conduct a fresh Enquiry where after Sri Amrit Kumar, Manager, Upper Bazar Branch and Sri Rameshwar Rajak, Assistant Manager, Ranchi Branch were appointed as Enquiry Officer and Management representative respectively. The petitioner participated in the enquiry and the Enquiry Officer held the charge no.1 and 2 as proved and charge no.3 was found to be not proved against the petitioner vide his enquiry report dated 20.12.2002, which is at Annexure-6 to the writ petition. Petitioner, thereafter was served with second show cause on 5.9.2003 by the Disciplinary Authority also enclosing the enquiry report and the proposed consolidated punishment of removal from service with superannuation benefits i.e. Pension, Provident Fund and Gratuity as would be due otherwise under the prevalent rules and that too without disqualification from future employment. After the petitioner's reply to the second show cause the impugned order imposing the said punishment has been passed vide Annexure-3 issued by the Disciplinary Authority holding him guilty of charge no.1 and 2. The petitioner preferred memo of appeal , Annexure 4 , before the Appellate Authority inter-alia challenging the findings of the Enquiry Officer and the punishment imposed upon him, which however was not accepted and the Appellate Authority dismissed his appeal on 28.9.2004 (Annexure-5) upholding the order of punishment.;