IMPORTANT POINT
The court found that the imposition of penalty was unjustified as there was insufficient evidence of misconduct by the bank officer under the applicable regulations.

JUDGMENT :

KAUSHIK GOSWAMI, J.

Heard Mr. M. Sharma, learned counsel for the appellants. Also heard Mr. M.P. Sarma, learned counsel appearing for the sole respondent.

2. This appeal is being presented against the judgment & order dated 21.01.2022 passed by the learned Single Judge in WP(C) No.5712/2016, whereby the impugned order dated 30.09.2015 issued by the Assistant General Manager, UCO Bank imposing penalty of reduction of basic pay by 4(four) stages in the time scale of pay was set aside.

3. The factual matrix of the case is that the sole respondent (writ petitioner before the learned Single Judge), while working as Assistant Manager in the Lead Bank Office, UCO Bank, Darrang, was issued with a show-cause notice dated 30.04.2014 by the appellant Bank (respondents before the learned Single Judge) seeking explanation as regard deposits made in his several bank accounts. The respondent/writ petitioner, in his reply to the above show-cause, explained the subject cash deposits in his bank accounts. Pursuant to the reply furnished by the respondent/writ petitioner, the appellant Bank, vide communication dated 06.12.2014, issued the charge-sheet to the respondent/writ petitioner. Accordingly, an enquiry was held and the Enquiry Officer though found that Charge Nos.1 and 3 were not proved, however, found Charge No.2 to be proved. Thereafter, the Disciplinary Authority imposed the penalty of reduction of basic pay by 4(four) stages till retirement, with a further direction that the respondent/writ petitioner would not earn increments of pay during the period of reduction and after the expiry of the reduction period, such reduction would have the effect of postponing future increments of his pay.

4. Being aggrieved by the said penalty order, the respondent/writ petitioner filed the above mentioned writ petition, which was allowed by the learned Single Judge by setting aside the aforesaid penalty order. Hence, the instant appeal is preferred by the appellant Bank.

5. Mr. M. Sharma, learned counsel appearing for the appellant Bank submits that there being abnormal deposits of cash in the bank accounts of the respondent/writ petitioner, Charge No.2 was justified, and accordingly, the learned Single Judge erred in setting aside the penalty order issued by the Disciplinary Authorities.

6. Per contra, Mr. M.P. Sarma, learned counsel for the writ petitioner/respondent submits that the cash in question has been deposited in the bank account of the writ petitioner/respondent, explanation of which has already been furnished before the Enquiry Officer, and there being no such bar of cash deposit in the personal bank accounts of the employees of the appellant Bank under the Rules & Regulations in force, the impugned penalty order is illegal and therefore, the judgment & order of the learned Single Judge under appeal warrants no interference from this Court.

7. We have given our prudent consideration to the arguments made by the learned counsel appearing for the contesting parties and have perused the material available on record, including the citations submitted at the bar.

8. The issue arising in this appeal is whether the learned Single Judge was justified in setting aside the order of penalty dated 30.09.2015 issued by the Disciplinary Authorities on the basis of Charge No.2 having been found to be proved against the respondent/writ petitioner.

9. Apt to refer to the charge-sheet, which shows that on the basis of 8(eight) allegations made against the respondent/writ petitioner, 3(three) articles of charges were framed which reads as hereunder:-

“1) Shri. Chandra Bhusan Kumar without the previous sanction of the Bank, engaged himself directly or indirectly in trade & business activity which is violative of Regulation 6 (1) of UCO Bank Office Employees' (Conduct) Regulations, 1976, as amended.

2) Shri Chandra Bhusan Kumar failed to discharge his duties with utmost integrity, honesty devotion and diligence and do nothing which is unbecoming of a bank off