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ACHINTYA MALLA BUJOR BARUA
Jagadish Chandra Brahma, S/O. Lt. Daya Ram Brahma – Appellant
Versus
UCO Bank and A Body Corporate Having Its Head – Respondent
JUDGMENT :
Heard Mr. N Nath, learned counsel for the petitioner. Also heard Mr. D K Das, learned counsel for the respondents in the UCO Bank.
2. The petitioner who was a Senior Manager at Kokrajhar Branch was subjected to a disciplinary proceeding as per the show-cause notice dated 08.10.2015 issued by the disciplinary authority being the Assistant General Manager and Zonal Head. Amongst others, the charges against the petitioner were that while he was the Branch Head in the Sakti Ashram Branch of the Bank, he had credited certain loan proceeds in the Saving Bank Accounts of the borrowers and thereafter, the loan amount was transferred into his own Saving Bank Account and Staff Overdraft Account.
3. In other words, the meaning and purport of the charge is that the petitioner taking the advantage of being the Head of the Branch had credited certain amounts in the form of loans to the Saving Bank Accounts of some borrowers of the bank and thereafter, the loan amounts were transferred back to his Saving Bank Account for his own purpose meaning thereby that it was a charge of misappropriation of bank’s money as well as an act by which the bank may lose faith upon its employee.
4. In the af
Regulation 6 (2) of Regulation of 1976 stipulates that it is either Disciplinary Authority who could enquire into truth of any imputation of misconduct or misbehaviour against an officer employee or ....
The court emphasized that it would not sit in appeal over the findings of the Departmental Authority and would not re-appreciate the evidence which has come before the Departmental Authority. The cou....
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
Disciplinary proceedings against a retired bank officer can proceed if initiated prior to retirement, identifying lapses in loan sanctioning as misconduct warranting penalties.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
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