By the Court.—We have heard Shri Ashok Khare, Sr. Advocate assisted by Shri Siddharth Khare for the petitioner. Shri Sanjeev Singh appears for the respondent-bank.

2. By this writ petition the petitioner has prayed for quashing the order dated 20.3.2009 passed by the Deputy General Manager (Personnel), Syndicate Bank, Industrial Relation Division, Manipal by which he was removed from service of the bank in breach of Regulation No. 3 (1) read with Regulation 24 of the Sindicate Bank Officers Employees (Conduct) Regulation, 1976 and the order dated 17.6.2009 passed by the General Manager (Personnel)/ Appellate Authority, Syndicate Bank, Industrial Relation Division, Manipal by which the appeal preferred by him was disposed of confirming the penalty of removal from service of the bank with immediate effect.

3. The petitioner was serving as Asstt. Manager, Kotvan Branch, Mathura. He was issued charge-sheet dated 8.6.2007 for major penalty proceedings vide Regulation 6 of the Syndicate Bank Officers Employees (Discipline of Appeal) Regulation, 1976 (in short the Regulations), for the reasons amongst other things that while he was working as Branch Manager at Nowgaon Branch during the period 12.5.2004 to 30.5.2005, he abused his official position in extending the tractor loan and SKCC limits to certain parties in violation of bank loaning norms without proper pre-sanction appraisal of the credit proposals; without ensuring end utilisation of the loan proceeds; without proper post sanction follow up and controls and thereby unduly accommodating the parties. He also committed various irregularities exposing the bank funds to the risk of the loss. A corrigendum was issued on 28.1.2008. The statement of imputation of misconduct gives the details of the various irregularities committed by him.

4. The petitioner submitted his written statement of defence dated 18.8.2007. Shri R.M. Arora, Senior Manager, Nodal Industrial Relation Cell, Regional Office, Meerut was appointed as enquiry officer. The enquiry was conducted between 31.12.2007 to 24.10.2008. The enquiry report was submitted on 20.12.2008. It was served upon the petitioner by the Assistant General Manager (Personnel) vide his communicated dated 27.1.2009.

5. The petitioner submitted a detailed objection dated 18.2.2009 before the Asstt. General Manager (Personnel). The Deputy General Manager (Personnel) passed an order of removal of service with immediate effect on 20.3.2009. The petitioner’s appeal under Regulation 17 of the Regulations was disposed of confirming the punishment order on 17.6.2009.

6. Shri Ashok Khare, learned counsel for the petitioner submits that prior to the issuance of the charge-sheet the Vigilance Establishment at New Delhi had interrogated the petitioner with regard to certain loans of the period, when he was posted at Nowgaon. During the course of the vigilance enquiry the statements of Shri Ramesh Chandra @ Amit Kumar and Shri Bharat Singh @ Bharatoo were recorded. The Vigilance Officer alongwith the successor in the office of the petitioner visited M/s Radhika Tractors on 25.1.2006 and submitted a joint report dated 25.1.2006. The Vigilance Officer conducted the entire proceedings ex parte without any notice to the petitioner in his absence.

7. After vigilance enquiry was concluded and the report was submitted, the Asstt. General Manager (Personnel) issued notice dated 29.9.2006 calling upon the petitioner to submit his reply with regard to allegations mentioned therein. The petitioner had submitted a detailed reply on 27.11.2007, denying the allegations. It was, thereafter, the charge-sheet was issued and the departmental enquiry ensued.

8. Shri Ashok Khare submits that in substance charges related to (i) the petitioner having committed irregularities in sanctioning tractor loan and SKCC limit to one Shri Lala Ram and (ii) irregularities committed by the petitioner in sanctioning and releasing 32 loans against security of tractor/ and tractor a