R.K. Merathia, J - (1.) PETITIONER has challenged the order -dated 4.12.1997 ( Annexure -10), by which he has been dismissed from service.
(2.) WHEN he was posted as Branch Manager of the Bank at Lohardaga, a show cause notice and then a charge -sheet was issued to him for violating the rules and instructions of the Bank and committing irregularities, in disbursing loan. He was given opportunity of personal hearing and for adducing evidence, by office order dated 16.5.1997 (Annexure -3). He filed his written explanation (Annexure -4). He did not lead any evidence. The Inquiry officer found him guilty of negligence in realization of Bank loan. However, he did not find him guilty of the second charge -i.e. obstructing disbursement of loan during 1996 -97. Petitioner protested to the said finding recorded against him by the Inquiry Officer. Ultimately, he was dismissed from service by the impugned order dated 4.12.1997 (Annexure -10) after considering his reply to the second show cause. Mr. Saurav Arun, appearing for the petitioner, submitted that petitioner was not posted for realization of loan as no such thing was mentioned in the office order (Annexure -5), by which he and other managers were transferred and posted, whereas the office order dated 13.9.1996, shows that several Managers were transferred and posted for realization of loan. He further submitted that petitioner has been dismissed without any material against him.
(3.) IT is not possible to accept the said contentions. The main work of a Branch Manager of State Co -Operative Land Development Bank is to disburse and realize loan as per the Rules and Norms of the Bank, and it was not required to be mentioned in the order of his posting. In the other office order, realization of loan, has been added as a reason of such transfer/posting. Petitioner did not raise such plea in the departmental proceeding, and rightly.;