The duty of a manager to hand over documents when transferred, and the validity of recovery of loss from retirement benefits based on proven misconduct.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the second respondent in his proceedings in Na.Ka.No.2807/09 A-2, dated 10.09.2009 passed in Revision Petition No.4/2009 (A2) and quash the same and also direct the fourth respondent to disburse all the retirement benefits together with interest at the rate of 12% per annum from the date of the retirement within a time frame fixed by this Hon’ble Court.)

The petitioner is a retired employee of the fourth respondent/Co-operative Bank. He has filed the present Writ Petition challenging the order of the second respondent dated 10.09.2009 passed in the revision preferred by him against the order of punishment dated 11.11.2008.

2. The brief facts leading to the filing of the Writ Petition is that the petitioner was issued with a charge memorandum dated 22.06.2007 containing one charge. The charge against the petitioner is that when he was working as a Manager of Gandhi Nagar Branch, he was transferred to Thanipadi Branch, but he did not properly hand over the registers and documents relating to the salary loans, small commercial loans to women and other loans and thus, committed dereliction of duties and responsibilities. In the statement of the imputation of misconduct, it is mentioned that the petitioner, when transferred from Gandhi Nagar Branch and transferred to Thanipadi Branch, did not hand over the documents relating to the salary loans. Upon ordering of 100% inspection of all the loans given by the Gandhi Nagar Branch, it was found that he had not handed over the loan application and documents in respect of the loan Nos.1, 7, 13, 14, 20, 22, 42, 77 and 166, totally, nine loans. Further, in respect of the salary loans, in which, installments were not paid, no action was taken. As per the communication dated 20.06.2007 of the Gandhi Nagar Branch Manager, the petitioner has not handed over the bonds in respect of 54 loans for women, small business loans, the ledgers in respect of 36 loans, 33 ledgers & bonds in respect of revamped loans for women, ledgers and bonds relating to DIR loans, bonds relating 22 small short term loans for Government employees, loan No.3 of self-help group documents, money loan to self-help group loan Nos.21, 22, 23, 24, 29 and 31, totally six loans and documents, and documents relating to loan against deposits bearing loan Nos.1151, 1175 and 854, Jewel loans Nos.1688, 1724, 1872, 1947, 2020, 2034, 2068, 2091, 2084 and 2420 and its documents, for the period of one year, and thus, failed to perform his duties and responsibilities.

3. The petitioner submitted his detailed explanation on 28.06.2007 denying the charge and submitted that all the documents were packed in gunny bags and kept in the godown during the shifting of the branch and therefore, that the documents were not handed over. Further, the majority of the documents were found and was handed over after the initiation of inquiry. The Manager of the bank never issued any communication and asked him about the documents. Therefore, the petitioner would submit that there was no act of willful dereliction of duty on his part.

4. However, his explanation was not accepted and a Domestic Inquiry was ordered on 30.06.2007 and after the inquiry, the Inquiry Officer submitted his report on 03.01.2008. A second show-cause notice dated 07.07.2008 was issued to the petitioner duly enclosing the inquiry report. The petitioner submitted his further explanation on 21.07.2008. Thereafter, considering the inquiry report, further explanation and all the documents on record, by order dated 11.11.2008, the fourth respondent passed an order, holding that the petitioner is guilty of the charge and imposed the punishment of recovery of Rs.2,08,408.05/- from the petitioner being the monetary loss caused to the society on account of the inaction of the petitioner. Pursuant thereto, by a separate order dated 14.11.2008, f