The court upheld the validity of an admission of guilt and the subsequent dismissal from service based on the detailed nature of the admission letter and the interpretation of the relevant regulations.

Jasti Chelameswar, C.J.

1. Aggrieved by the judgment dated 08.12.2006 passed in Writ Petition (C) 6658/02, the unsuccessful petitioner preferred the present appeal.

2. The appellant/writ petitioner worked as Branch Manager in various branches of the Respondent Bank. While working as Branch Manager at Mangaldoi, he was kept under suspension by a communication dated 07.08.1999 pending disciplinary action. A Memorandum of Charges dated 23.12.1999 was served on the petitioner on 29.12.1999, by which the appellant was called upon to submit written statement within 15 days from the date of receipt of the charge memo. The appellant chose not to file any written statement and thereafter an Inquiry Officer was appointed.

3. The Inquiry Officer commenced the enquiry. On 04.07.2000 the Inquiring Officer examined the appellant and enquired from him whether he would admit or deny all or any of the charges levelled against the petitioner. The appellant categorically denied all the charges levelled against him. Thereafter, some of the witnesses were examined in the enquiry proceeding. However, during the pendency of enquiry the appellant by a letter dated 18.10.2000 addressed to the Inquiry Officer admitted all the charges levelled against him. The relevant portion of the letter reads as follows:

While drawing your attention on the subject referred to above, I like to state that, after complete verification of documents against each charges levelled against me and also taking into account number of factors, today I have taken decision not to contest anymore in the proceedings that going on in the Silpukhuri Branch presently. Therefore, I have come to conclusion and decided to admit and confess all the charges that levelled against me. I like to confirm, in this context, that I have taken the decision not under any duress or under any influence of any other persons. I feel that my defence, although initially I denied and decided to contest, will now be quite weak and will not be able to withstand in the face of documentary evidence collected by the authority and which I lack.

I admit that I have done certain irregularities and certain acts which can not be backed or supported from any point of view although certain situation compelled me to do this. However, I like, emphatically, to clear and ascertain that never in any point of time I possessed or nurtured any malafied intention with an aim to benefit myself or my family directly or indirectly doing harm to my own institution that support my livelihood, though in certain cases it seems so. My only interest was to fetch maximum profit to the branch and more particularly in the age of NPAs. Now I understand that the path I took was wrong and though this may give some gain for some time, it may, eventually, affect the branch devastatingly. I, in real earnest, regret for this unwise act. Further in some cases I have been mislead and in fact cheated by the borrowers whom I trusted most.

Therefore, I have taken decision accordingly after deep consideration. Besides it will take considerable time to conclude and it is also an unproductive expenses that the Bank will have to bear during this hard time or survival for us all. Again it robs away my own mental peace and tranquility from which I like to be free now.

I am thankful to my authority for allowing me ample time and opportunity to defend myself in the name of natural justice. I am really thankful to you.

I now request you to please accept this confession and settle the matter early.

Thereupon the appellant was found guilty and major penalty of dismissal from service was imposed on the appellant.

4. Aggrieved by the same, the appellant unsuccessfully preferred an appeal to the department on various grounds including that the admission of guilt by his letter dated 18.10.2000 was obtained under 'duress'. In fact, a copy of the Memo of appeal is also placed before this Court. The relevant portion at para-9 of the said memo of appeal reads as follows