- (1.) Heard learned counsel for the petitioner and learned counsel for the respondent-Bank.
(2.) In this writ application, the petitioner has prayed for quashing the order dated 16.08.2005 passed by respondent No. 3 vide Reference No. PD/DIR/1151/4320/2005, whereby and whereunder the petitioner has been reduced to a lower grade from MMG Scale II to JMG Scale-I i.e. fixing of basic pay in the corresponding stage in the Junior Management Scale-I but which, however, was subsequently modified by the order of the appellate authority dated 29.05.2006 and which is also under challenge in this writ application and by which the punishment of the petitioner was reduced to a lower grade from M.MG. Scale-II to J.M.G. Scale I i.e. fixing his Basic Pay in the last stage of the running Scale of Junior Management Grade Scale-I i.e. Rs. 19920/-.
(3.) The petitioner was posted as a Deputy Manager under Respondent No. 5 from 27.05.2003 to 11.06.2004 and by virtue of holding the post of Dy. Manager, the petitioner was also the joint custodian of the currency chest along with the head cashier. A theft was committed in the night of 9th June, 2004 by cutting the lock of the door of the grilled portion and after cutting the lock, it was opened and somebody entered into the grilled area and opened the Hinge of one box kept in the grilled area full of currency i.e. Rs. 100/- denomination and taken a sum of Rs. 20 lacs from that box, for which an FIR was instituted by the then Manager on 10.06.2004 (Annexure-3). After the incident, since the petitioner was the Deputy Manager, the competent authority initiated a departmental proceeding against him, in which the memo of articles had been served upon the petitioner vide Reference No. PD/DIR/07/1168/6696/2004 dated 9.12.2004 and the charges, which were leveled against the petitioner, were as follows:-- "During the tenure of your service as Deputy Manager of Bank's Bokaro Steel City Branch from 27.05.2003 to 11.06.2004, you had failed to take all possible steps to ensure and protect the interest of the Bank and discharge your duties with utmost devotion and diligence and acted in contravention of Regulations 3(1) and 3(4) read with Regulation 24 of United Bank of India Officer Employees' (Conduct) Regulations, 1976 in that you being one of the joint custodians of currency chest of the Branch had committed the following irregular acts. 1. You had failed to remit the non-issuable note packets valuing Rs. 4,74,10,600/00 (Four Crore Seventy four lac ten thousand six hundred) only lying at the currency chest at the Branch. 2. You had on 10.04.2004, arbitrarily placed one requisition for Treasure for Rs. 15.50 Crore to the Patna Office of Reserve Bank of India without considering the then balance of treasure in the currency chest, average cash retention value of treasure at the chest, ascertaining the requirements of treasure in the near future and the average amount of inward and outward remittances which the said currency chest branch used to handle. Later, you had received one inward diversion order dated 05.05.2004 from the Patna Office of Reserve Bank of India addressed to the Central Bank of India for Rs. 20 crores, you had failed to bring to the notice of the Manager of the Bokaro Steel City Branch as well as to the Reserve Bank of India that the Currency Chest of Bokaro Steel City Branch did not require such a substantial and unnecessary amount. On receipt of the treasure for Rs. 20 Crores contained in 21 boxes from the Central Bank of India on 03.06.2004, you had taken steps for counting and keeping the chest treasure valuing Rs. 13.70 lac contained in 14 boxes. You, despite having note counting machine in the currency chest which could have been utilized for completion of counting of treasure in time, had kept the contents of the remaining 7 boxes uncounted outside the currency chest in an unsecured manner which were accommodated by the intervention of the High Officials on 10.06.2004. However, you had recorded receipt of Rs. 20 crores from the Central Bank of India although you did not count the contents in full. You had concealed to the Manager of Bokaro Steel City Branch and the Manager of Central Bank of India that the representative of the Central Bank of India who was also holding the relevant keys of the said 7 boxes was not turning up to the Bokaro Steel City Branch during the period from 06.06.2004 to 09.06.2004. 4. You had concealed to the Manager of the Branch, Reserve Bank of India and the police authority that the required number and status of police personnel were not deployed at the currency chest and amidst the same, you had insecurely kept the aforesaid 7 boxes outside the currency chest. 5. Your such irregular acts had paved the way of theft of Rs. 20 Lac by breaking open box No. H-9 out of the seven boxes kept outside the currency chest.;