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2012 Supreme(Mad) 3737

High Court of Judicature at Madras
VINOD K. SHARMA
P.R. Shantharam
Versus
Executive Director, Corporation Bank & Others
W.P.No.20857 of 2004
Decided On : 03-09-2012

Advocates Appeared:
For the Petitioner:Vijaynarayanan, Senior counsel for T.N. Suresh, Advocate.
For the Respondents:Karthick for M/s. T.S. Gopalan & Co., Advocates.

Judgment :-

1. The petitioner prays for issuance of a writ in the nature of Certiorari to quash the order of dismissal from service passed by the respondent No.2 i.e. General Manager, and also that of Executive Director of Corporation Bank in dismissing the appeal filed by the petitioner.

2. The petitioner joined the service of the Corporation Bank in the year 1974 and his performance was considered good as he was awarded productivity award for three years, Star performers Club member for 5 years and certificate of merit for 11 years.

3. The petitioner was placed under suspension on 22.05.2000 in view of the contemplated enquiry for serious misconduct. The petitioner was issued a show cause notice on 10.12.2001 pointing out certain irregularities. The petitioner was called upon to show cause as to why disciplinary action be not taken against him. After considering the explanation submitted by the petitioner, a charge memo was issued to the petitioner vide Ref.No.PAD/IRW/DISC/ 2397/2002 dated 16.09.2002. The charge memo was issued under Regulation 6 of the Corporation Bank Officer Employees' (Discipline and Appeal) Regulations, 1982.

4. The charges levelled against the petitioner read as under:

Charge No.1:"Failing to adhere to the operational guidelines in the matter of withdrawal of gold from FBR safe and delivery thereof to the constituent or its authorized representative and regarding maintenance of Gold Reconciliation statement."

Charge No.2:"Delivering/causing delivery of gold TTB to persons who are not authorized by M/s.Sangeetha Jewellers to receive gold from the Bank and without there being delivery orders and without obtaining acknowledgment of the indenter which led to filing an FIR against the appellant before the CCB, Chennai-8 on 09.05.2000 by one Sampathraj, Power of Attorney holder of M/s.Sangeetha Jewellers, alleging misappropriation, forgery and falsification of accounts and for alleged shortage of 200 TTB of gold".

Charge No.3&4:-

"Causing sale/delivery of gold to the above constituent without insisting for maintaining the stipulated minimum margin and/or by not collecting the required margin, in respect of certain transaction effected to the party, between the period from 06.12.1999 and 29.04.2000 and "Causing delivery of the gold to the party on unfixed price basis without obtaining requisite prior sanction of Precious Metal Division, Head Office and without reporting to Precious Metal Cell, Mumbai on deliveries of gold made on unfixed prices".

Charge No.5:"Accommodating M/s.Sangeetha Jewellers by allowing kite flying operations in its Current Account by not enquiring the fate of clearing cheques presented in high value clearing and delivering/causing delivery of gold TTB to the above constituent against in-cleared effects of pay orders/cheques tendered by the firm, in respect of certain transaction and on a number of occasions such cheques were returned unpaid and amount debited to Sundry Deposit/Current Account of the constituent on the succeeding working day".

Charge No.6:"Issuing two letters dated 06.05.2000/ 08.05.2000 favouring Indian Overseas Bank, West CIT Nagar, Chennai without prior permission/knowledge of the Chief Manager of the Branch making false certification about the credit worthiness of the party even though while issuing the said letters, there was either no clear funds or no funds at all, in the account of the party, thereby exposing the Bank to financial claims by the party as well as IOB".

Charge No.7:"Withholding return of a cheque for Rs.1.55 crores of M/s.Sangeetha Jewellers presented in inward clearing on 06.05.2000 notwithstanding the specific instruction of the Chief Manager of the branch to return the said instrument and unauthorizedly causing debit balance of Rs.12.65 lakhs in the account, besides exposing the Bank to financial risk to that extent as the constituent failed to regularize the same".

Charge No.8:"Issuing a Bank Guarantee for Rs.80 lakhs fraudulently in favour M















































































































































































































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