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2014 Supreme(Mad) 3261

High Court of Judicature at Madras
C.S. KARNAN, J.
Swaminathan
Versus
The Union of India & Others
W.P.No.11456 of 2008
Decided on: 17-09-2014

Advocates Appeared:
For the Petitioner:C. Selvaraj, Senior Counsel for K. Govindan, Advocate.
For the Respondents:R1, No appearance, R2 to R5, T.R. Sathya Mohan, Advocate.

Headnote:

The writ petition was filed by the petitioner challenging the order of dismissal from service passed by the disciplinary authority of the bank. The petitioner was working as a Manager at the bank's branch in Bhopal. He was charged with various irregularities and misconduct, including sanctioning loans to ineligible borrowers, accepting manipulated financial papers, and not ensuring the end-use of loan proceeds. The petitioner was found guilty of the charges after a departmental inquiry and was dismissed from service. The petitioner challenged the dismissal order on the grounds that the charges were not proved, the inquiry was not conducted fairly, and the punishment was disproportionate to the alleged misconduct.

Fact of the Case:

The petitioner was working as a Manager at the bank's branch in Bhopal. He was charged with various irregularities and misconduct, including sanctioning loans to ineligible borrowers, accepting manipulated financial papers, and not ensuring the end-use of loan proceeds. The petitioner was found guilty of the charges after a departmental inquiry and was dismissed from service.

Finding of the Court:

The Court found that the charges against the petitioner were not proved beyond reasonable doubt. The Court also found that the inquiry was not conducted fairly, as the petitioner was not given a proper opportunity to defend himself. The Court further found that the punishment of dismissal was disproportionate to the alleged misconduct.

Issues: 1. Whether the charges against the petitioner were proved beyond reasonable doubt. 2. Whether the inquiry was conducted fairly. 3. Whether the punishment of dismissal was disproportionate to the alleged misconduct.

Ratio Decidendi: The Court held that the charges against the petitioner were not proved beyond reasonable doubt. The Court also held that the inquiry was not conducted fairly, as the petitioner was not given a proper opportunity to defend himself. The Court further held that the punishment of dismissal was disproportionate to the alleged misconduct.

Final Decision: The Court allowed the writ petition and quashed the order of dismissal. The Court directed the bank to reinstate the petitioner to his original position and to pay him all the back wages and benefits that he would have earned if he had not been dismissed.

Judgment


1. The short facts of the case are as follows:-

The petitioner submits that he had joined as a Clerk in Shanarapatty Branch of Canara Bank on 07.05.1979. Thereafter, he had been promoted as an Officer within 8 years of his service. Due to his prompt and diligent service, he had been promoted as Manager. Thereafter, he had rendered sincere service to the Bank during the last three years as Manager. In total, he had completed 25 years of service with Canara Bank. After joining as a Clerk at the Branch of Canara Bank, Shanarapatty, he had tried in all spheres to upgrade the Bank into "A" Grade category. Thereafter, he had been transferred to Karikal Branch, where, he used his maximum skill in Marketing and Internal Book tallying etc. Hence, he received the appreciation of his superiors, due to his devotion to duty and pleasant manners to the Bank customers. After seeing his good performance, his colleagues, due to their jealousy of his management, entertained malafide intention against him. As a result of their vengeance and due to their filing of anonymous petitions, he was transferred to Panchakola in the State of Punjab. Due to the adverse transfer meted out to him, the Schedule Caste and Schedule Tribe Association intervened in this matter and got the transfer order cancelled. Subsequently, he had been transferred to Mukkanamalaipettai.

2. The petitioner additionally added that due to his dedicated service, the said Mukkanamalaipettai Branch was upgraded to 'A' -Grade category. Hence, the superiors have awarded him cups and medals in various fields. In deposit mobilization contest, he secured first prize of Rs.1,000/- in the rural category. The Higher Officers of the Bank have appreciated his loyal service and put him up to undergo NABARD Training Programme at Mangalore. Observing his good performance and gaining the appreciation of his superiors, the then Manager, through sheer jealousy made an anonymous petition and arranged his transfer to Kanpur. The Head Officer of Canara Bank intervened in this matter and re-transferred him to Birhana Branch, and at this point of time, the Birhana Branch status was "C" Grade and also classified as a non performing Bank. Nevertheless due to his sincerity and hard work, the said Branch had been upgraded to "B" Grade. Furthermore, within six months, he had mobilized Rs.1 Crore 18 Lakhs to the said Branch. In view of his outstanding service, the Regional Head Office transferred him to his native place i.e., Nagapattinam, wherein he once again rendered maximum good service with enthusiasm and without any blemish whatsoever, where he received the appreciation from the customers and general public. Further, he had saved the Branch from time barred A.O.D accounts by duly obtaining the signatures from the borrowers. In this manner, he had saved several lakhs of rupees to the Bank, and in all this endevaour, he had worked for extended hours in his job at the Bank.

3. The petitioner further submits that he had been transferred to a nearby branch at Thevur, wherein, he had joined as an Officer, and at this point of time, the condition of the Bank was in a shabby state. However, due to his untiring efforts, he had rescued the Branch by mobilizing Rs.69 Lakhs, over and above the stipulated target fixed by the Regional Officer. After recognizing that the Thevur Branch was literally resurrected into an ongoing successful branch, the Regional Office was pleased to issue him a "red salute". The Thevur Branch was upgraded from B to B Plus category. After recognizing his excellent performance, the then Executive Officials, viz., Mr.Anbalagan and Mr.Lakshminarayanan have made their personal visits to the Bank and showered appreciation upon him and recorded this appreciation into the " Visit Book" maintained by the Branch of the said Bank. Besides in the Regional Review Meeting at Trichy, he was congratulated by the higher officials in the presence of one and all. Once again, an animosity creeped agai

































































































































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