The court emphasized the importance of integrity and uprightness in a bank officer's role and held that the punishment imposed must not be shockingly disproportionate to the gravity of the misconduct.

SANJIV KHANNA, J.

1. This Letters Patent Appeal impugns the judgment dated 23rd September, 2011, dismissing W.P. (C) No. 948 of 1991 filed by the appellant-K.S. Kardam.

2. The primary challenge is to the order dated 22nd February, 1989 passed by the Assistant General Manager of Syndicate Bank (Bank, for short) removing the appellant from service, and the order dated 4th July, 1989 passed by the General Manager of the Bank dismissing the review petition filed by the appellant against the punishment of removal. For the sake of convenience, we would like to discuss and decide the arguments raised by the appellant under separate headings as has been done in the impugned judgment.

Factual Challenge

3. The appellant was appointed as a clerk and had joined the service of the Bank on 3rd January, 1973. He was promoted as an Officer, Grade-I on 18th December, 1980 and posted at Meerut. The appellant had requested for transfer on account of the serious illness of his wife and was accordingly transferred and posted as the Assistant Manager at the Vasant Vihar Branch, New Delhi between 7th July, 1982 and 11th September, 1984. The appellant has stated that his younger sister aged 22 years was murdered by her in-laws on 19th February, 1984.

4. Certain discrepancies and wrong entries in the appellant's personal account and the customer accounts under his charge as the Assistant Manager at the Vasant Vihar Branch, New Delhi were revealed and uncovered. On 28th March, 1985, the appellant was placed under suspension on account of the alleged manipulations and discrepancies. By communication dated 13th May, 1985, the Assistant Manager (Vigilance) of the Bank wrote and asked the appellant to explain specific transactions between 7th July, 1982 and 11th September, 1984. The appellant, in his reply dated 29th May, 1985, inter-alia, professed:-

"In the month of May 1984, when I was preparing the statement of my ODD A/c 12/82, I observed that certain debits are not entered in my OCC account. This raised a doubt in my mind that due to my mental imbalance I might have made inaccurate entries in the past also. I mentioned this to the Divisional Manager and also told him that I will go through my all accounts if and there was any mistake, I will tell him the same. The Divisional Manager asked me to check all accounts and inform him, if there was any mistake. Accordingly, I did so in good faith and true to my good intention and where ever I detected the mistake I reported the same to the Divisional Manager.

As required my explanation in regard to various transaction mention in memo, it is difficult to explain each and every thing (transaction) at various stages without the documents. I would however, submit the following:

(i) That all the discrepancies in the transaction when noticed were rectified by me either by preparation of slips, reimbursement or realization of money from the customers where there were wrong entries in their accounts (LD a/cs)

(ii) That there is no monetary loss to the Bank.

(iii) That there is no amount due to the Bank from me connected with the transactions mentioned in the memo.

(iv) That all the transactions mentioned in the memo which relate to my personal accounts, there was sufficient margin/balance to my credit on the dates of transaction."

5. On 19th June, 1985, the suspension order was revoked with immediate effect, and the appellant was posted as the Officer (Inspection) in the Regional Inspectorate, New Delhi. On 7th March, 1986 a charge-sheet was issued under Regulation 6 of the Syndicate Bank Officer Employees (Discipline & Appeal) Regulations, 1976 (Regulations, for short). The contents of the charge-sheet pertained to transactions under taken by the appellant when he was posted as Assistant Manager at the Vasant Vihar Branch, New Delhi and may be summed up as under:-

(a) Overdraft Account: While working as an Assistant Manager at the Vasant Vihar Branch, New Delhi, between 7.7.1982 and 11.9.1984, the appellant had made