Bank employees must uphold high standards of integrity; misconduct involving public funds warrants severe penalties, and judicial review does not extend to re-evaluating evidence in disciplinary proceedings.

JUDGMENT :

I.A. No.11360 of 2023:

1. This interlocutory application has been filed for condoning the delay of 89 days, which has occurred in preferring this appeal.

2. Learned counsel for the appellant has prayed that the delay of 89 days may be condoned.

3. Learned counsel for the respondent states that he has no objection to the delay condonation application.

4. Considering the submission made by the learned counsel for the parties, the delay is condoned.

5. Accordingly, this interlocutory application is allowed.

L.P.A. No. 429 of 2023:

Prayer:

6. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 17.04.2023 passed by the learned Single Judge in W.P.(S) No. 3039 of 2015, whereby and whereunder, the writ petitioner has been dismissed from service under the provision as contained under Regulation 39.2(b) of the Jharkhand Gramin Bank (Officers and Employees) Service Regulations, 2010. Further the order dated 19.01.2015 passed by the respondent no.3 confirmed by the appellate authority vide order dated 17.4.2015 passed by the respondent no.2 has been declined to be interfered with by dismissing the writ petition.

Facts:

7. 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 writ petitioner was appointed as Clerk cum Cashier in the Jharkhand Gramin Bank on 27.4.2010. It is the case of the writ petitioner that when he was posted at Harharguttu Branch as Clerk-cum-Cashier, the writ petitioner was put under suspension with the allegation that in saving bank account no. 2257 which was opened in the name of Dobra Godsora, who had died on 11.10.2001, the writ petitioner tampered with the computer and deleted the term “deceased” on 25.10.2008 by his user ID, so as to make it appear that the account holder is alive. Further, the petitioner has unauthorizedly added the name of Naran Godsora in the saving account no. 2257 in place of Dobra Godsora and the writ petitioner issued cheque book. Thereafter, an FIR was lodged by the Sr. Branch Manager, Jharkhand Gramin Bank against the writ petitioner and four named persons under Sections 420, 406, 468, 477 (A), 470, 408, 409 & 34 of IPC on the allegation of defalcation of money and dereliction of duties. Show-cause notice was issued on 25.11.2013 under the signature of Regional Manager, Jharkhand Gramin Bank and writ petitioner was directed to submit his reply. The writ petitioner submitted his reply on 03.12.2013, however, the respondents being not satisfied with the reply submitted by the writ petitioner, informed him that departmental proceeding will be initiated against the writ petitioner. Thereafter, the Enquiry Officer, after conducting the enquiry, hold the petitioner guilty of the charges levelled against him. Thereafter, the General Manager-cum-Competent Authority vide letter dated 29.9.2014 directed the writ petitioner to submit his reply to the enquiry report submitted by the Enquiry Officer. The writ petitioner submitted his reply on 01.10.2014 and took plea that the enquiry report is perverse and based on no evidence. However, being not satisfied with the reply submitted by the writ petitioner vide order dated 19.1.2015, the competent authority awarded the major penalty of dismissal from service under Regulation39.2(b) of Jharkhand Gramin Bank (Officers and Employees) Services Regulations, 2010. Thereafter, the writ petitioner preferred an appeal against the order of dismissal, however, the appellate authority dismissed the appeal preferred by the writ petitioner on 17.4.2015 and affirmed the order of dismissal issued against the writ petitioner.

8. It is evident from the factual aspect as referred hereinabove that the writ petitioner while working as Clerk-cum-Cashier under the respondent-Jharkhand Gramin Bank was put under suspension on the allegation that in saving bank account no. 2257 opened in the name of Dobra Godsora, who had died on 11.10.2001, the writ