IN THE HIGH COURT OF ALLAHABAD
M. KATJU, UMESHWAR PANDEY
RAM PRASAD GUPTA - Appellant
Versus
ALLAHABAD BANK - Respondents
C. M. W. P. 16747 Of 1994
Decided On : 12/02/2003
Misconduct - Bank Employee - The court upheld the findings of misconduct against the petitioner, emphasizing the high standards of duty and integrity required to be maintained in a bank, even if no loss was caused to the bank.
Fact of the Case:
The petitioner, a bank employee, was alleged to have committed various acts of misconduct and was found guilty in an inquiry report. The petitioner's appeal was dismissed, and the court found no legal infirmity in the orders.
Finding of the Court:
The court upheld the findings of misconduct against the petitioner, emphasizing the high standards of duty and integrity required to be maintained in a bank, even if no loss was caused to the bank.
Issues: Allegations of misconduct, appeal dismissal, legal infirmity in the orders
Ratio Decidendi: The court cannot interfere with findings of fact in writ jurisdiction unless there is an error of law apparent on the face of the record.
Final Decision: The petition was dismissed by the court.
( 1 ) HEARD learned counsel for the petitioner.
( 2 ) THIS writ petition has been filed against the impugned orders dated 16/05/1992 vide annexure-5, November 30, 1992 vide annexure- 7/10/1992 vide Annexure 15 and 10/07/1993 vide Annexure-18 to the writ petition.
( 3 ) WE have heard learned counsel for the petitioner and find no merit in this petition.
( 4 ) A perusal of the order dated 16/05/1992 (Annexure-5 to the writ petition) shows that the petitioner while functioning as Head Office inspector and Manager (Inspection) of the regional Office, Gonda was alleged to have committed various acts of misconduct for which a charge-sheet dated 24/10/1990 (Annexure-4a to the writ petition) was issued to him. Thereafter, an inquiry was held in which he was given an opportunity of hearing and the inquiry Officer gave his report dated 24/10/1991 (Annexure-4b to the writ petition ). A perusal of the inquiry report shows that the petitioner has been found guilty of various acts of misconduct on charge Nos. II, III, IV, VI and viii contained in the charge-sheet. Charge Nos. I and V have also been found to be partly proved. In writ jurisdiction we cannot sit as a Court of appeal against these findings of fact. A perusal of the charge-sheet shows that the charges are very serious in nature.
( 5 ) LEARNED counsel for the petitioner submitted that no loss was caused to the Bank. It has been held by a series of decisions that in a Bank the highest degree of standards of devotion to duty and integrity are required to be maintained in order to maintain public confidence in the Bank vide Sudhir Singh v. District Co-operative Bank 2003-II-LLJ-428 (All), Ram Pratap Sonkar v. Allahabad Bank 2000-II-LLJ-382 (All), K. K. Singh v. Gomti gramin Bank 2002-II-LLJ-363 (All), Union bank of India v. Vishwa Mohan AIR 1998 SC 2311 : 1998 (4) SCC 310 : 1998-I-LLJ-1217. Even if no loss has been caused to the Bank, the employee can be punished vide Disciplinary authority-cum- Regional Manager v. N. B. Patnaik 1996 (9) SCC 69 : 1996-II-LLJ-379, state Bank of India v. T. J. Paul AIR 1999 SC 1994 : 1999 (4) SCC 759 : 1999-II-LLJ-514. The Inquiry Officer in his report has gone into great detail and has found that charge Nos. II, iii, IV, VI and VIII have been proved and charge Nos. I and V are partly proved. These are findings of fact and we cannot interfere with the same in writ jurisdiction. We can only interfere if there is error of law apparent on the face of the record. The petitioner filed an appeal which has been dismissed vide annexure-7 to the writ petition.
( 6 ) WE have also perused the orders copies of which are Annexures-15 and 18 to the writ petition and find no legal infirmity in the same. Findings of fact have been recorded therein and this Court cannot sit as a Court of first appeal against those findings. The petition is dismissed.
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