Point of Law: Regulation 7(2) of the Punjab National Bank Officer Employees’ Regulation, 1977 did not stipulate granting of an opportunity to represent against disagreement recorded by Disciplinary Authority.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Shashank Thakur, learned counsel, appearing for the appellant/writ petitioner. Also heard Mr. N. Naha Roy, learned counsel, appearing for the respondents.

2. This appeal is presented against an order dated 15.02.2019 passed by the learned Single Judge in WP(S) No. 579 of 2010, whereby the writ petition filed by the appellant-writ petitioner was dismissed.

3. At the outset, it will be relevant to state that translated version in English of documents in Hindi had been furnished by the learned counsel for the petitioner and the same has been relied on in this judgment.

4. The petitioner was working on the post of Cashier in Durg-Rajnandgaon Gramin Bank, Branch-Silhati. An undated complaint was lodged by some villagers alleging that the Branch Manager and the Cashier of the said Silhati Branch used to illegally realise 10% of the loan amount sanctioned to the farmers under the Kisan Credit Card Scheme. The Collector, District-Kabirdham had caused an enquiry to be made through the Tahsildar. The Tahsildar submitted his report to the Collector stating therein that the complaint appears to have been made with a malafide intention. Many of the debtors who had obtained loan had not made any complaint. It was further stated in the report that since the matter related to payments made by the employees of the Bank, it would be proper that the enquiry is conducted by higher authorities of the Bank itself.

5. The petitioner was suspended from the services of the bank on 24.06.2008. Subsequently, a charge-sheet dated 08.08.2008 containing the following charges (as translated by the petitioner) was issued to the petitioner :

“(1) Shri Vijay Kumar Uppal misused his post by committing misappropriation of amount by paying debtors/beneficiaries of the bank amount less than the amount filled by them in withdrawal forms and cheques and by illegally keeping the cash of balance amount with himself for undue profit.

(2) Shri Vijay Kumar Uppal did not care for manners while dealing and interacting with the debtors and beneficiaries of the bank. He did not follow the orders and directions of the bank. He did not serve the bank with integrity and harmed the image of the bank.”

6. The statement of allegations in support of the charges which was annexed to the charge-sheet (as translated by the petitioner), reads as follows :

“(1) In support of Charge No.1:-

1.1 In Branch-Silhati, on 28.05.2008, Shri Bhagwati Sahu S/o Badriprasad Sahu, Village-Vicharpur, Block-Saspur, Lohara, deposited cheque No.2073143 dated 28.05.2008 for withdrawing cash amount of Rs.30,137/- (Thirty thousand one hundred and thirty-seven rupees only) from his Kisaan Credit Card Loan Account No.594. The said cheque was sent to Shri Uppal at cash counter, for payment. Against the said cheque, Shri Uppal paid only Rs.28,000/- to Shri Bhagwati Sahu and illegally kept the balance amount, Rs.2000/- and Rs.137/- with himself. Shri Bhagwati Sahu even requested Shri Uppal not do deduct money. Despite it the remaining amount was not given. Shri Shatrughan Verma of village Vicharpur was present in the branch during the said act of Shri Uppal.

1.2 In Branch-Silhati, on 04.06.2008, Smt. Mankunwar W/o Shri Dashrath Verma, Village-Vicharpur, Block-Saspur, Lohara, deposited cheque No.1820904 dated 04.06.2008 for withdrawing cash amount of Rs.20,000/- (Twenty thousand rupees only) from her Kisaan Credit Card Loan Account No. 600. The said cheque was sent to Shri Uppal at cash counter, for payment. Against the said cheque, Shri Uppal paid only Rs.18,000/- to Smt. Mankunwar. When Smt. Mankunwar told that the amount given to her was not Rs.20,000/-, Shri Uppal gave her Rs.500/- more and said that he had deducted Rs.1,500/-. Despite Smt. Mankunwar Bai and Shri Shiv Kumar accompanying him asking why he had deducted Rs.1,500/-, cashier Shri Uppal did not return Rs.1,500/- and kept that balance amount with himself illegally. Shri Shiv Kumar Verma, Shri Netram Sahu and Shri Nirma