The importance of honesty, integrity, and adherence to bank rules, irrespective of pecuniary loss, in determining the proportionality of punishment for proven charges of misconduct.

ORDER

D.N. Patel, A.C.J. This Letters Patent Appeal has been preferred by the original respondent no.1 in writ petition being C.W.J.C. No.798 of 1998 (R), which was allowed by the learned Single Judge, whereby, the learned Single Judge has quashed and set aside the punishment of dismissal, and the punishment of stoppage of one increment for the charge nos.7, 11, 12, 13, 14, 15 & 16, was upheld and 50% back wages have also been allowed, and therefore, respondent - bank has preferred the present Letters Patent Appeal.

2. Factual Matrix :-

Respondent No.1 (original petitioner) was serving with the Kshetriya Gramin Bank as a Manager.

Charge-sheet was issued on 18.08.1992 upon the respondent no.1 (original petitioner). There are several charges levelled against the respondent no.1.

So far as charge no.1 is concerned, which was pertaining to the payment of cash against the withdrawal slip, despite the fact that the signature of the withdrawal slip was entirely different, from that of specimen signature.

So far as charge no.2 is concerned, loan was sanctioned by the respondent no.1 (original petitioner) for a furniture shop, despite the fact that no furniture shop was ever existed or established. No quotation, copy of bill etc., was produced. No margin money was stipulated in the loan account. Signature of the borrower of the loan differs from the signature on the saving bank account of the borrower. There was no pre-sanction inspection report. Post-sanction inspection was not carried out to ensure the end use of the loan amount. Ultimately, practically recovery was nil, for the aforesaid loan. No follow up was made for the recovery of the loan.

So far as charge no.3 is concerned, the respondent No.1 purchased a cheque No.488792 dated 21.01.1991 and the amount was deposited in his own personal bank account. Normally, such type of cheques cannot be purchased by the Manager of the bank, unless permission is obtained from the Head Office.

So far as charge no.4 is concerned, loan amount was sanctioned to one of the customers who was an illiterate. Whenever, any illiterate customer is given a loan, photograph of the said customer was to be obtained while opening the bank account. No such photograph was attested when saving account of such customer was opened and loan was sanctioned. Later on, photograph of one Radhiya Devi, wife of Shri Bhodhua Turi was obtained, whereas the loan was sanctioned in the name of Smt. Radhiya Devi, wife of Shri Bhigua Turi. Thus, loan was sanctioned in the name of ''A'' whereas photograph of ''B'' was taken on record that too later on, after the loan was sanctioned. Thus, photograph of different woman was taken. In the loan papers, age of lonee was mentioned as 35 years whereas photograph of a lady aged about 25 years, was taken on record. Thus, there was wrong disbursement of the loan. Lonee has not honoured repayment obligation and thereby there was a financial loss to the bank. Bank was not in a position to proceed with the recovery.

So far as charge no.5 is concerned, loan and subsidy was sanctioned in favour of one customer for purchase of one pump set without any quotation, bill, stamped receipt obtained from the dealer. Delivery order was undated. The delivery was given by M/S J. K. Enterprises, Simaria, but, there was no unit of dealer at Simaria at all. The amount of loan and subsidy was credited in the name of different dealer than the dealer whose name was mentioned on the delivery order, i.e., the delivery order was by M/S J. K. Enterprises, Simaria whereas the actual payment was made to M/s. Jyoti Electronics.

There are several other irregularities mentioned in the charge-sheet. Charge-sheet is at Anexure - 1 to the memo of this Letters Patent Appeal. Similarly, there are 18 charges which are pertaining to grave misconduct committed by this respondent No.1 (original petitioner).

Enquiry officer was appointed. Enquiry was conducted at length after giving an adequate opportunity of being heard to t