D.N. Patel, J. - (1.) This Letters Patent Appeal has been preferred by the original petitioner, whose writ petition being W.P.(S) No.3515 of 2005 was dismissed by the learned Single Judge vide judgment and order dated 21.06.2013, whereby, the order of dismissal passed by the respondents, for the misappropriation of the sizable amount by this appellant being a Branch Manager of Allahabad Bank, was not interfered with by the learned Single Judge, and hence, the original petitioner has preferred the present Letters Patent Appeal.
(2.) Factual Matrix : (I) This appellant is the original petitioner. He was working as a Branch Manager, Allahabad Bank, Kadrasal Branch at Deoghar. (II) Because of gross misconducts committed by this appellant (original petitioner) - delinquent for the period running from 14.06.1999 to 31.10.2002, which are about withdrawal of the money of the customers' bank account, and also to the effect that giving fictitious credit entries in the bank account of the customers, charge-sheet was issued on 25.06.2003 (Annexure - 1). The charges levelled against this appellant (original petitioner) were pertaining to the financial irregularities. (III) The enquiry officer was appointed and the enquiry was conducted after giving adequate opportunity of being heard to the appellant. The enquiry officer has given its report dated 16.04.2004 [Annxure - B to the counter affidavit, filed in the writ petition bearing W.P.(S) No.3515 of 2005], wherein it has been held that charge Nos.1, 2, 3 & 4, have been fully proved whereas, charge Nos.5 & 6, have been partly proved. (IV) On the basis of the aforesaid enquiry officer's report, and after giving adequate opportunity of being heard to this appellant, the disciplinary authority passed the order on 14.06.2004 of dismissal of this appellant from the service of Allahabad Bank (Annexure - 4 to the memo of the writ petition). (V) The departmental appeal was preferred by this appellant. After giving adequate opportunity of being heard to this appellant, the departmental authority dismissed the appellant vide order dated 23.08.2004 (Annexure - 5 to the memo of the writ petition). (VI) This appellant challenged the order passed by the disciplinary authority dated 14.06.2004 as well as the order passed by the departmental appellate authority dated 23.08.2004 in the writ petition being W.P.(S) No.3515 of 2005. (VII) The writ petition was dismissed by the learned Single Judge vide judgment and order dated 21.06.2013, and hence, the original petitioner has preferred the present Letters Patent Appeal. Reasons :-
(3.) Having heard learned counsels for both the sides, and looking to the facts and circumstances of the case, it appears that following charges were levelled against this appellant (original petitioner) - delinquent : "ARTICLE - I Shri Hari Kishore Singh while posted and functioning as Manager at the Bank's Kedrasal Branch during the period 14-6-1999 till 31-10-2002 acted with malafide intention of pecuniary gain for self in so far as he pocketed himself by forging signature of party and also passed withdrawl from bearing his own S/B A/c No. without debiting the respective accounts and making direct posting in long book and General Ledger. ARTICLE - II The said Shri Hari Kishore Singh while posted and functioning as Manager at the Bank's Kedrasal Branch during the aforesaid period made fictitious credit entries without any supporting voucher in various account in collusion with the account holders which were later withdrawn thereby siphoning banks money without consideration. ARTICLE - III Shri Hari Kishore Singh while posted and functioning as Manager at Kadrasal Branch during the aforesaid period acted with malafide intention of pecuniary gain for self in so far he availed leave encashment without any sanction from Regional Office. ARTICLE - IV Shri Hari Kishore Singh while posted and functioning as Manager at Kadrasal Branch during the aforesaid period acted with malafide intention in so far he raised a loan in his name without sanction from Regional Office and pocketed the entire amount without opening any loan account. Further Singh also sold his maruti car purchased out of loan from the bank under conveyance loan scheme but the proceed was not credited in the said loan account. ARTICLE - V Shri Hari Kishore Singh while posted and functioning as Manager at Kadrasal Branch during the aforesaid period adjusted the Suspense entries lying in his name by directly debiting SB - I in General Ledger. ARTICLE -VI: Shri Hari Kishore Singh while posted and functioning as Manager at Kadrasal Branch during the aforesaid period failed to discharge his duties with integrity and in his best judgment in so far he allowed mis-utilisation of Government Fund by liquidating loan accounts by debiting the said fund account without any authority and also concealed sanction of such loans from Regional Office. The aforesaid acts of omission and commission on the part of Shri Hari Kishore Singh are prejudicial to the interest of the Bank, and are in violation of Regulation 3(1) and 3(3) of Allahabad Bank Officer Employees' (Conduct) Regulations' 1976 amounting to misconduct in terms of Regulation 24 of the said Regulations." Supporting details were also supplied which are at page No.45 of the memo of this Letters Patent Appeal.;