SONALI BANK VS. MD. ZALALUDDIN Vs. SONALI BANK VS. MD. ZALALUDDIN

JUDGEMENT

(1.) This appeal, by leave, is directed against the judgment and order dated 20.7.1997 of the Administrative Appellate Tribunal passed in Administrative Tribunal Appeal No.163 of 1995 allowing the appeal reversing the judgment and order dated 28.9.97 of the Administrative Tribunal Bogra passed in Administrative Tribunal Case No.44 of 1995 dismissing the case.

(2.) The respondent No.1 filed the above Administrative Tribunal Case No. 44 of 1995 on the averments that while he was serving as the Manager of Sonali Bank, Mongalbarihat Branch, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegations of negligence of duties, breach of instructions, misuse of power etc on 12 heads of charges under Regulation 28(b)(c)(d) and (h) of Sonali Bank Employees Services Regulations 1981 with a direction to submit written reply to the inquiry officer and he duly submitted his written reply denying the allegations made against him and thereafter he was served with a notice dated 15.6.1994 to show cause as to why he should not be dismissed from service to which he submitted a reply pleading innocence and thereafter the Assistant General Manager, Disciplinary Cases Division, Sonali Bank, the respondent No.4, by order dated 28.3.1994 dismissed him from service.

(3.) The respondent No.4 contested the above case by filing written statement contending that in the year 1984 some irregularities were committed by the respondent No.1 while he was serving as Manager at Mongaibarihat Branch which was enquired into and ultimately he was let off with a censure and at a subsequent stage a huge number of irregularities having been detected in the above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to do anything for protection of the interest of the appellant Bank and so he was proceeded against on 12 heads of charges by the competent authority and the enquiry officer, after holding enquiry according to Rules, found him guilty on all other charges except for charge No. 4 and thereafter, on consideration of the entire record, a second notice to show cause was issued upon the respondent No.1 with the approval of the Managing Director of the Bank and ultimately he was dismissed from the service by the Board of Directors of Sonali Bank on the recommendation of the Disciplinary Committee and no illegally or irregularity was committed in the disciplinary proceedings taken against the respondent No.1