Point of Law: Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its stride domestic enquiry as well and it can interfere with conclusions reached therein if there was no evidence to support findings or findings recorded were such as could not have been reached by an ordinary prudent man or findings were perverse or made at dictates of superior authority.

JUDGMENT :

The petitioner, herein, has sought to invoke the jurisdiction under Article 226 of the Constitution of India, challenging the impugned order dated 25.01.2014, passed by the disciplinary authority, imposing the petitioner, a major penalty of removal from service and rejection order of the appellate authority vide order dated 30.04.2014 as well as the order of the reviewing authority dated 24.09.2014.

2. Brief case of the petitioner that can be recapitulated from the pleadings that the petitioner was serving in the Punjab National Bank (hereinafter, in short, ‘PNB’) for 34 years and he was promoted to the post of Branch/Deputy Manager in Nagaon Branch of the Bank. While he was posted as Branch Head of the Singia Branch of the Bank during the period from 26.07.2010 to 09.01.2013, large numbers of customers complained of non-receipt of loans sanctioned against Kisan Credit Card (KCC), which was given to persons other than the actual applicants.

Based on such complaints, the Zonal Audit Office conducted an investigation and the internal auditor submitted a Special Report on 13.05.2013. In the report, auditor pointed out certain irregularities committed at Branch Officer at Singia during the incumbency of the petitioner in the said branch. In order to ensure a proper enquiry, the petitioner was placed under suspension under the provisions of Punjab National Bank Officers’ (Discipline and Appeal) Regulations, 1977 (the 1977 Regulations) and the petitioner was served with the audit report, pointing the irregularities committed by him, vide letter dated 17.05.2013. Being not satisfied with the reply, charge sheet under Provision 6 of the 1977 Regulations was filed with article of charges, statement of imputations of charges in support of article of charges.

Statement of article of charges is as follows:-

“Article-I:

Shri Das, as Branch incumbent of BO, Singia, Assam, did not adhere to the prescribed guidelines of the Bank. He sanctioned several KCC loans but did not ensure proper pre-sanction appraisal. He sanctioned and disbursed the loans without recommendation of 2nd man. Shri Das used third persons as middleman in the process of sanction and disbursement of KCC loans and committed various irregularities.

Article-II:

Shri Das did not ensure KYC compliance in due loans sanctioned by him proper identification of the borrowers/guarantors was not done.

Article-III:

Shri Das disbursed KCC loans but did not ensure that the loan amounts have gone to the actual beneficiaries. There are cases of impersonation where KCC have been sanctioned to persons other than the actual applicant or owner of the land. He did not verify the end-use of funds.

Article-IV:

There are several cash and transfer transactions in his personal account which are not related to his salary or any other known source of his income.

Thus, Shri Chitta Ranjan Das failed to take all possible steps to exercise and protect the interest of the Bank and did not discharge his duties with utmost honesty, integrity, devotion and diligence and has committed misconduct in terms of regulation 3 (i), read with regulation 24 of the PNB Officer Employees (Conduct) Regulations, 1977.”

3. Statement of imputation of misconduct in support of article of charges against the petitioner read as follows:-

Sri Chitta Ranjan Das, Deputy Manager, BO, Nagaon, while working as an incumbent, in-charge of BO, Singia, from 26.07.2010 to 09.01.2013, is alleged to have committed certain irregularities, jeopardizing bank’s interest. He did not adhere to the prescribed guidelines of the bank and has committed the following irregularities:-

Charge-1 (1) Shri Das had engaged one Shri Nawaj Sharif as an agent for sanctioning the loans. Shri Das did not visit to the place of the borrowers and sent them to Mr Nawaj Sharif for processing the said loans. He used to route all fresh KCC borrowers through that agent. Bl