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2019 Supreme(Gau) 431
IN THE HIGH COURT OF GAUHATI
Kalyan Rai Surana, J.
Subodh Chandra Saha – Appellant
Versus
Punjab National Bank and Others – Respondents
Writ Petition (C) No. 4500 of 2014
Decided On : 30-05-2019
Advocate Appeared:
For the Appellants : Mr. A. Dasgupta, Mr. B. Das, Mr. A. Kundu, Mr. S. Chakrabarty.
For the Respondent: Mr. A. Ganguly.
Once the delinquent officer admits the charges, appropriate punishment as prescribed in the Rules could be inflicted.
Headnote:
Misconduct - Employee Discipline - PNB Officer Employees (Discipline & Appeal) Regulations, 1997 - Regulation 3(1), Regulation 24 - Article-I - 5.12.2012 - Charges of not adhering to bank guidelines, misappropriation of subsidy, and violation of bank guidelines - Enquiry held, charges proved - Major penalty of removal from service imposed - Appeal rejected - Petitioner's defense based on safeguarding bank funds and approval from DRDA ignored - Court finds no illegality or perversity in disciplinary proceedings or punishment order - Writ petition dismissed
Fact of the Case:
The petitioner, an employee of Punjab National Bank, was charged with misconduct for not adhering to bank guidelines, misappropriating subsidy, and violating bank guidelines. Enquiry held, charges proved, and major penalty of removal from service imposed. Petitioner's defense based on safeguarding bank funds and approval from DRDA ignored.
Finding of the Court:
The court found no illegality or perversity in the disciplinary proceedings or punishment order. It dismissed the writ petition and discharged the rule.
Issues: Misconduct charges against the petitioner, sufficiency of evidence, and proportionality of the imposed punishment.
Ratio Decidendi: Once the delinquent officer admitted the charges, appropriate punishment as prescribed in the Rules could be inflicted. The court was not satisfied that there was any illegality or perversity in the conduct of the disciplinary proceedings or that reasonable opportunity of hearing was not provided to the petitioner.
Final Decision: The writ petition was dismissed, and the rule was discharged. No cost was imposed.
JUDGMENT :
Kalyan Rai Surana, J.
1. Heard Mr. A. Dasgupta, learned Senor Counsel, assisted by Ms. B. Das, learned counsel for the petitioner. Also heard Mr. A. Ganguly, learned counsel for the respondents.
2. The petitioner being an employee of the Punjab National Bank was served with a letter dated 05.12.2012 enclosing therewith charge sheet dated 05.12.2012 containing statement of article of charges along with statement of imputation of misconduct in support of article of charges dated 05.12.2012 by the Circle Head (Disciplinary Authority) in exercise of powers conferred upon him by Regulation 6 of PNB Officer Employees (Discipline & Appeal) Regulations, 1997. The Article of Charges No. 1 reads as follows:
"Article-I. Shri S.C. Saha, as Branch Incumbent (Manager) of BO Rupahihat, did not adhere to the prescribed guidelines of the Bank. He did not maintain the Subsidy accounts properly. He released Subsidy amount without sanction/ disbursement of Bank loan. He also appropriated Subsidy amounts before completion of lock in period.
Shri S.C. Saha, thus did not discharge his duties with utmost honesty, integrity, devotion and diligence and has committed misconduct in terms of Regulation-3(1) read with Regulation 24 of PNB Officer Employees (Discipline & Appeal) Regulations, 1997."
3. The truncated charges, bereft of lengthy particulars, were as under:
Charge-1
Shri S.C. Saha, as Branch Incumbent (Manager) of BO Rupahihat, did not adhere to the prescribed guidelines of the Bank. He did not maintain the Subsidy accounts properly. He released Subsidy amount without sanction/disbursement of Bank loan.
Charge-1(i)
Balance of Subsidy Reserve Fund is tallied as on 14.09.2011. Rs. 79,06,262/- was lying in Subsidy Reserve Fund against 79 accounts. Subsidy of Rs. 3,40,557/- was lying in SRF Account No. 0928003182101 in the name of NABARD and has not been refunded to the concerned agency.
Charge-1(ii)
Amount of DRDA subsidy has been kept as FDR in following accounts instead of parking in SRF.
Charge-1(iii)
In many cases DRDA subsidy amounts were immediately credited in loan A/c s or Savings Fund accounts on realization of BC, instead of parking in SRF account. Such amounts were allowed to be withdrawn by the party immediately without sanction of loan and ensuring lock-in-period, against Banks/Government guidelines. Thereby Shri Saha allowed misappropriation of Govt. Subsidy.
Charge-1(iv)
Account No. 0928000100071004 has been opened in the name of SGSY Self Help Organization. There are several transactions of transfer credits and cash withdrawal in the account.
The amount of subsidies have been credited to this account from SRF A/c. 0928003182101 and CA subsidy account No. 0928002100002949 named Subsidy Reserve Fund account which has been immediately withdrawn in cash by the joint signatory of account, which is a blatant violation of Banks Guidelines. Shri Saha thus allowed misappropriation of Govt. subsidy."
4. The petitioner had submitted his show cause reply before the Disciplinary Authority in respect of the charge-sheet against the petitioner. Thereafter, on 05.02.2013, the Enquiry Officer and Presenting Officer were appointed. In the enquiry, the petitioner was assisted by a Defence Representative. Preliminary hearing was held on 26.03.2013 and subsequent hearings were held on 03.02.2013, 08.05.2013 and 14.05.2013. While the management had marked Exhibits ME-1 to ME-20, the petitioner had marked Exhibits DE-1 to DE-9. On conclusion of the enquiry. The Enquiry Report reveals that the Defence Representative had remained absent all throughout and although by letter he requested 15 days time for preparing defence assistance, but did not turn up.
5. As per the Enquiry Report, the charges were held to have been proved against the petitioner. Thereafter, vide letter dated 18.07.2013, the Disciplinary Authority had forwarded the Enquiry Report submitted by the Enquiry Officer on 08.07.2013 in respect of charge- sheet submitted against the petitioner, asking the
