IMPORTANT POINT
In disciplinary proceedings, the court does not act as an appellate authority and will not interfere with findings unless there is a violation of natural justice or the findings are based on no evidence.

JUDGMENT :

Sujit Narayan Prasad, J.

I.A. No.10216 of 2023:

1. This interlocutory application has been filed for condoning the delay of 1460 days, which has occurred in preferring this appeal.

2. No counter to the delay condonation application has been filed.

3. Heard the parties.

4. Learned counsel for the appellant/applicant has taken the ground for condonation of delay that after the judgment having been passed in W.P.(S) No. 2488 of 2016 vide order dated 25.07.2017, letters patent appeal being L.P.A. No. 465 of 2017 was filed after obtaining certified copy. The said L.P.A. was disposed of on 25.07.2018 as being not pressed at this stage in order to prefer review application before the learned Single Judge.

Thereafter, after obtaining the certified copies of the order dated 25.07.2018 in L.P.A. No. 465 of 2017, the appellant/writ petitioner preferred Civil Review No. 73 of 2018 which was dismissed vide order dated 12.05.2023 and thereafter, the instant appeal has been preferred in which the delay of 1460 days has been pointed out, as such, prayer has been made that the delay occurred in the filing the instant appeal may be condoned.

5. Having heard the learned counsel for the parties and considering the statements made in this application, we are of the view that the appellants were prevented from sufficient cause in preferring this appeal within time.

6. Accordingly, this interlocutory application is allowed and the delay of 1460 days in preferring this appeal, is hereby condoned.

L.P.A. No. 410 of 2023:

Prayer:

7. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 25.07.2017 passed by the learned Single Judge in W.P.(S) No. 2488 of 2016, whereby and whereunder, the order of punishment dated 23.11.2015 passed by the General Manager and Competent Authority as well as the appellate order dated 12.02.2016 passed by the Chairman and Appellate Authority has been refused to be interfered with by dismissing the writ petition.

Facts:

8. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:

The petitioner was initially appointed in the respondent bank (erstwhile Sighbhum Kshetriya Gramin Bank now at present known as Jharkhand Gramin Bank) to the post of Branch Manager Scale I Officer on 08.10.1982 whose service was confirmed on 10.01.1985 and he was subsequently promoted to scale II Officer (MMG-II) with effect from 25.08.2005 and worked as Branch Managers in different branches.

The petitioner, while working, was served with a Memo calling for explanation for the irregularities in sanctioning/ Disbursement of the loans & Advances at Kiriburu Branch during his tenure as Branch Manager by the Respondent No.4 vide his Ref. No. RO/IR/2013-14/001 dated 24.10.2013.

The petitioner submitted his detailed explanation on 07.12.2013 to the Respondent No. 4 thereby denying all allegations with reasoning mentioned therein.

Thereafter, the respondent No. 3 decided to institute disciplinary proceedings against the petitioner for major penalty alleged to have been committed by him, accordingly, the petitioner was intimated and served with Charge Sheet vide Ref. No. JGB: HO: IR: 2014-15: 107 dated 10.09.2014 enclosing thereby articles of charge and statements of allegations, list of documents and list of witnesses.

The Respondent No. 3 has also served to the petitioner the copies of his Ref.No. JGB: HO: IR: 2014-15 109 & 110 dated 10.09.2014 thereby appointing Sri Ravindra Kumar Singh Senior Manager Bhilaipahari Branch as Inquiring Authority (I.A.) to enquire into the charges and Sri Pankaj Kumar Pandey Manager Ghorabanda Branch as Presenting Officer (P.O.) to present the case in support of the Charges framed against petitioner.

The Respondent: No. 4 through his Ref. No. RO: IR: 2014-15: 008 dated 16.09.2014 has handed over above mentioned charge sheet as well as copies of appointments of I.A. & P.O. issued by the Respondent