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SUPREME COURT OF INDIA
(From the High Court of Allahabad)
AJAY RASTOGI, ABHAY S. OKA, JJ.
General Manager (Operation)/Appellate Authority, UCO BANK – Appellant
Versus
Krishna Kumar Bhardwaj – Respondent
Civil Appeal No. 1458 of 2022, SLP (Civil) No. 13615 of 2021
Decided On : 18-02-2022
Service Law – Punishment – [Regulation 6 of UCO Bank Officers Employees’(Conduct) Regulations, 1976] – Reversal by Division Bench of High Court – Enquiry officer, after holding inquiry as per the procedure prescribed under Regulations, 1976 held three charges proved and disciplinary as well as appellate authority have confirmed finding of guilt of all three charges – Punishment was inflicted by disciplinary authority after upholding finding of guilt recorded by inquiry officer but appellate authority, while upholding finding of guilt, took a lenient view and modified punishment – It was never the case of respondent delinquent even before High Court that departmental inquiry was not conducted in accordance with procedure prescribed under Regulations, 1976 or there was violation of any provision of Regulations, 1976 or fair opportunity of hearing was not afforded to him in course of inquiry or there was violation of principles of natural justice – Constitutional courts while exercising their power of judicial review under Articles 226 or 227 of Constitution would not assume role of appellate authority where jurisdiction is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice – At the same time, power of judicial review is not analogous to adjudication of case on merits as an appellate authority – Judgment of Division Bench set aside. [Articles 226/227 of Constitution of India] (Paras 16, 17, 18 and 22)
Facts of the case:
Instant appeal is directed against the judgment and order dated 19th February, 2021 passed by Division Bench of the High Court of Allahabad setting aside the disciplinary proceedings and consequential punishment inflicted upon the respondent initiated pursuant to the charge-sheet dated 15th May, 1993.
Finding of Court:
Finding which has been recorded by the inquiry officer in reference to charge nos. 1,2 and 3 is duly supported with the material on record and after revisiting the record of inquiry, has been confirmed by the disciplinary/appellate authority. At the same time, while upholding the guilt of respondent delinquent, the appellate authority took a lenient view and modified the punishment by an Order dated 14th November, 1998.
Result : Appeal allowed.
JUDGMENT :
AJAY RASTOGI, J.
1. Leave granted.
2. The instant appeal is directed against the judgment and order dated 19th February, 2021 passed by the Division Bench of the High Court of Allahabad setting aside the disciplinary proceedings and consequential punishment inflicted upon the respondent initiated pursuant to the charge-sheet dated 15th May, 1993.
3. The respondent while working as an officiating Manager and posted at Taharpur, Bhabisa, Muzaffarnagar, committed gross irregularities in discharge of his duties and for the alleged misconduct, he was served with the chargesheet along with the articles of charges/statement of allegations dated 15th May, 1993 under Regulation 6 of the UCO Bank Officers Employees’ (Conduct) Regulations, 1976(hereinafter being referred to as the “Regulations 1976”). The articles of charges followed with the statement of allegations served upon the respondent delinquent dated 15th May, 1993 are reproduced hereunder:
| “Head Office 10, B.T.M. Sarani, Brabourne Road, Calcutta-700001 | UCO Bank | Phone: Office 246432 246365 248947 233997 |
| Fax 0522245432 Gram: AGM UCO STD CODE: 0522 Zonal Office 23, Vidhan Sabha Marg, Lucknow-226 001 (U.P.) |
Mr. K.K. Bhardwaj, PFM No. 23213, while functioning as Manager of Taharpur Bhabisa branch had indulged in several acts of omission and commission for which he is hereby charged as under:
(1) He had opened two S.B. account Nos. 3646 and 3647 on 24.12.91 without obtaining proper introduction and completion of necessary formalities. He thus failed to discharge his duties with utmost honesty, integrity, diligence and devotion. This was violation of Regulation (3) of UCO Bank Officers Employees' (Conduct) Regulations, 1976.
(2) While depositing huge amount of Bank's cash in the currency chest branch at Meerut, he did not follow the procedure laid down in the Bank's Manual of Instructions (Cash) and also deviated from the past practice followed by the branch for such cash remittances. He thus failed to discharge his duties with utmost honesty, integrity, diligence and devotion. This was violation of Regulation (3) of UCO Bank Officers Employees' (Conduct) Regulations, 1976.
(3) By opening the two accounts without getting proper introduction, allowing huge transactions therein, issuing false certificates he facilitated unscrupulous persons to derive pecuniary benefits under Govt. amnesty schemes to which they were not entitled. He thus, failed to discharge his duties with utmost honesty, integrity, diligence and devotion. This was violation of Regulation (3) of UCO Bank Officers Employees' (Conduct) Regulations, 1976.
(4) Shri Bhardwaj remained absent from his duties for a period of several months without proper sanction of leave, as per Bank's rules. He thus failed to discharge his duties with utmost honesty, integrity, diligence and devotion. This was violation of Regulation (3) of UCO Bank Officers Employees' (Conduct) Regulations, 1976.
Sd/-
Zonal Manager
(Disciplinary Authority).”
| 10, B.T.M. Sarani, Brabourne Road, Calcutta-700001 | UCO Bank | Phone: Office 246432 246365 248947 233997 |
| Fax: 0522245432 Gram: AGM UCO STD CODE: 0522 Zonal Office 23, Vidhan Sabha Marg, Lucknow-226 001 (U.P.) |
Mr. K.K. Bhardwaj (PFM No. 23213) was earlier posted as Manager of Taharpur Bhabisa branch. During his tenure as Manager of the said branch, he had indulged in various acts of omission and commission. The details of such acts are given below:
(1) While working as Manager of the Taharpur Bhabisa branch, he had opened two S.B. accounts bearing Nos. 3646 and 3647, on 24.12.91 in the names of Shri Ashok Kumar Sharma and Shri Narender Goel as stated in the relative account opening forms, without proper introduction. However, the names of the account holders were written as Ashok Sharma and Narender Kumar Goel i
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