Shivaji Pandey, J. – Heard learned counsel for the petitioner and learned counsel for the Bank.

2. In this case, the petitioner is challenging the order dated 07.01.2016 passed by the Chairman of the Uttar Bihar Gramin Bank, whereby and whereunder the application filed by the petitioner for review of the order of dismissal dated 24.09.2009 passed by the Disciplinary Authority has been rejected.

3. In the present case, the petitioner is raising the grievance that after the finality of the departmental proceeding a parallel criminal case was lodged against him, in which the Police has submitted the Final Form and after giving notice to the informant, Bank official, the Court below has refused to take cognizance in the matter and accepted the Final Form submitted by the Police, is the basis for claiming the relief of reviewing the order of punishment.

4. The petitioner was working as Branch Manager in Saran Kshetriya Gramin Bank, Chapra, now known as Uttar Bihar Kshetriya Gramin Bank, Chapra. An audit was conducted during 14.07.2005 to 24.07.2005 and it was found that certain irregularities were committed by the petitioner in distribution of the loan amount during the Loan Festival, accordingly, the Audit Team submitted the report dated 25.07.2005, giving the details of the irregularities of about Rs. 2.5 crores. On the basis of the audit report, a departmental inquiry was initiated on the charges mentioned in the charge-sheet vide memo no.646 dated 22.09.2005, which are quoted herein-below: –

“MEMO. – While working as Branch Manager at Sakhnouli Branch Sri Yoglal Rai is found to have committed following acts of omission and commission with malafide intentions in processing, recommending, sanctioning & disbursing of loans, issuing of ICICI cheques at par, furnishing wrong and connected figure to HO overdrawing self OD & HSS A/cs etc.

1. Loans disbursement defying HO instruction. – Sanction of all types of loans (expect DL on own security) was stopped by Head office vide HO letter no.HO/p&D/04-05/CM/01 dated 02.04.05. In violation of the said instruction Sri Y.L. Rai disbursed more than Rs.30 lakh during stopped period which is clear disobey of HO Circular.

2. Large Scale irregularity in loan disbursement. – Sri Y.L. Rai has violated all the laid down norms and regulations while processing, recommending, sanctioning and disbursing of loans.

No proper documents obtained where embossed agreement guarantee papers is required, plain & photo copy of application/guarantee agreement papers have been taken without discharge by the borrowers.

Most of the disbursed loans are without sanctioning Memo, PDR etc.

Great abuse of power in disbursement of KCC loans and mis-utilization of ICICI cheques system.

Frequent violation of discretionary power of Branch Manager tampered the facts of loans amt in loan ledger & other books.

No proper margin, security either movable or immovable obtained while disbursing of loans. No balance-sheet/PL statement project report, Stock Statement etc available in CC loans.

3. ICICI Cheques issued at par. – ICICI cheques at par facility was made available to the Branch for benefits of depositors, to ease liquidity problem but Sri Y.L. Rai has misutilised this facility for personal gain and violated all the prescribed norms. Most of loans are disbursed through the issue of ICICI cheques - without consent and request of borrowersrequisition slip without signature. Most of the KCC borrowers were given ICICI cheques at par drawn on big cities wherever KCC borrowers have no need of ICICI cheques drawn on cities like New Delhi, Kolkata, Ranchi, Patna, Indore etc. Most of ICICI requisition forms are blank and not singed by the applicant-filled in by Sri Y.L. Rai himself-no fund transfer to HO for ICICI cheques issued No Pan No. obtained for high value amount while issuing ICICI cheques at par. Many ICICI cheques were issued to SB/CD a/c holders without debiting concerned a/cs in the ledger.

4. MSTP Loans. – Many loans have been disbur