A single misconduct can warrant major punishment, and past good service does not excuse misconduct.

( 1 ) THE petitioner has raised challenge to the disciplinary Authority's order Dated 4/3/2000 (Annex. K) imposing punishment of compulsory retirement. Enquiry Officer's report, Dated 12/7/1999 (Annex. J), the Appellate Authority's order, Dated 19/9/2000 (Annex. L) and other orders of the respondents refusing to release certain amounts.

( 2 ) THE brief facts of the case are that the petitioner was charged with the misconduct of instructing the Manager, Ahmedabad, M. J. Library Branch to release the term loan of rs. 7. 00 lakhs to one Sri Bhatt without properly appraising and without getting the pre-sanction inspection of the unit done and also without making the viability study of the proposed activity.

( 3 ) THE Disciplinary Enquiry held to look into this charge indicated the petitioner. This culminated in the punishment of compulsory retirement, vide Disciplinary Authority's order, Dated 4/3/2000.

( 4 ) AGGRIEVED by this order, the petitioner preferred an appeal before the Committee of directors and the Appellate Authority. The appellate Authority also confirmed the punishment imposed on the petitioner. Consequently, the petitioner's request for encashment of privileged leave and for the release of the gratuity amounts was also turned down by the respondents.

( 5 ) AGGRIEVED by the aforesaid orders, the petitioner has instituted this petition. Sri ramesh, the learned counsel for the petitioner has vehemently advanced the following contentions.

a) In the absence of any allegation of corruption, the only accusation against the petitioner may at the most be that he committed an error of judgment. A decision arrived at in commercial perception cannot invite the consequences of losing the retiral benefits. He relied on the judgment of the High Court of judicature, Calcutta in the case of Dipankar sengupta and another v. Union Bank of India and others, reported in 1999 (1) Lab LN 728, wherein it is held that mere error of judgment or a mere negligent way of dealing in the matter cannot by itself be termed as misconduct.

b) The very initiation of the enquiry proceedings including the issuance of the charge sheet itself is premature. Even before the respondent-bank resorted to the recovery of the amounts in question, a charge is levelled that the petitioner caused loss to the bank. That really amounts to prejudging the issue.

c) The petitioner has a flawless and blemishless service record of 41 years. A single or stray or an isolated incident cannot be used to deprive the petitioner of certain retiral benefits. A person, who had rendered distinguished service to the bank, cannot be punished like this when he is on the verge of his retirement.

d) The respondents' action of imposing the punishment of compulsory retirement on the petitioner and imposing a lighter punishment of censure on the concerned Branch Manager sri E. S. Balasubramanian amounts to hostile discrimination, as it offends Art. 14 to the constitution of India.

e) Sri Ramesh has sought to draw the support from the judgment of the Supreme Court in the case of Ranjit Thakur v. Union of India, reported in 1987 (4) SCC 611 : (AIR 1987 sc 2386), to buttress his submission that the punishment is not commensurate with the gravity of evidence. It is shockingly and disproportionately high in relation to the gravity of the misconduct.

( 6 ) PER contra, Smt. Subha Ananth, the learned counsel for the respondents submits that the impugned orders are absolutely sustainable and hence, warrant no interference at the hands of this Court under Art. 226 of the Constitution of India. Her reply is as follows :

a) The petitioner has acted beyond his authority; being the Regional Manager, he had no business to instruct the Branch Manager to sanction the loan and that too without appraising the loan proposal, without holding a pre-inspection and without making a viability study of the proposed activity. This is unbecoming of a Bank Officer. He has violated regulation 3 (1) of Corporation

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