The terms and conditions of an India Card do not authorize the bank to initiate disciplinary proceedings against the employee for exceeding the spending limit or failing to make timely payments.

PRANAB KUMAR CHATTOPADHYAY, J.

1. Appellant Bank has preferred the instant appeal assailing the judgment and order passed by a learned Judge of this court whereby the learned Judge dismissed the writ petition filed by the appellant and allowed the counter-claim filed on behalf of the employee.

2. The relevant facts for deciding the instant appeal are briefly stated hereinafter. The respondent no. 2 herein was employed as clerk in the appellant bank. According to the appellant bank, India Card was issued to the said respondent no. 2 while he was serving the bank as an employee. It has been alleged on behalf of the appellant bank that the said respondent no. 2 misused the facilities of the India Card, which was issued to him by the bank on 24th September, 1996.

3. It has been submitted on behalf of the appellant bank that the spending limit of the said India card issued to the respondent no. 2 was Rs. 20000/- only. It is the case of the appellant bank that the said workman used the aforesaid credit card quite frequently and misused the facilities as a result whereof the liability of the respondent no. 2 against the said credit card went up to Rs. 2,11,760.15 as on 30th September, 1997 apart from the interest. The appellant bank advised the respondent no. 2 by the memo dated 10th January, 1997 and subsequently by another memo dated 7th February, 1997 to make payment of the aforesaid outstanding amount in respect of the credit card.

4. The learned counsel of the appellant bank submitted that the respondent no. 2, inspite of repeated reminders, did not take any step for payment of the aforesaid outstanding dues. In the aforesaid circumstances, Chief Officer (IL) and Disciplinary Authority issued a charge sheet to the said respondent no. 2 and an Enquiry Officer was also appointed by the said Disciplinary Authority to enquire into the charges mentioned in the charge sheet issued to the said respondent no. 2.

5. A regular departmental enquiry was held thereafter in terms of Para 9.12 of the bipartite settlement dated 19th October, 1966 which was applicable to the workman at the relevant time. During the pendency of the enquiry proceeding, the respondent no. 2 submitted a letter to the Enquiry Officer on 14th January, 1998, admitting his liability to the tune of Rs. 2,11,760.15/- for using the aforesaid credit card. In the aforesaid letter, the respondent no. 2 also assured the bank to pay off the liabilities in relation to the aforesaid credit card. In the aforesaid letter the Respondent No.2 also gave a proposal to the Enquiry Officer for adjustment of the entire outstanding dues from his salary, provident fund and if necessary from his gratuity after retirement. The Disciplinary Authority, however, passed the final order imposing the punishment of dismissal from service with immediate effect. The employee concerned thereafter preferred an appeal before the Appellate Authority and the said Appellate Authority affirmed the order of dismissal from service passed earlier by the Disciplinary Authority.

6. The learned counsel of the appellant bank submitted that the card was issued to the respondent workman as staff member of the appellant bank and the said respondent availed all the concessions in this regard as are available to the staff member. The learned counsel of the appellant bank further submitted that the bank is a financial institution dealing with public funds and the employees, therefore, must regulate the financial activities well within the norms of Bank’s rules/procedures and any deviation therefrom must be viewed very harshly and deterrently. The learned counsel of the appellant bank submitted that in view of the aforesaid position and keeping in mind the guidelines of the bank, disciplinary proceeding was initiated against the employee concerned for gross misconduct.

7. It has been submitted on behalf of the respondent no. 2 that any misuse of India Card by the card holder employee cannot authorise the Disciplin