Hon’ble Pankaj Naqvi, J.—Heard Sri R.S. Mishra, learned counsel for the petitioner and Sri Amrish Sahai, learned counsel for the respondents.

2. The petitioner has challenged the correctness/legality of the order dated 8.11.2005 (Annexure-10 to the writ petition) wherein the petitioner was inflicted with a punishment of degradation towards lower stage in his incremental scale by 13 increments and the order dated 21.3.2006 wherein the appellate authority has reduced the aforesaid punishment from 13 increments to 8 increments.

3. The petitioner was working as an officer in Bareilly Kshetriya Gramin Bank, a sponsored bank in District Bareilly which is now known as Baroda Western U.P. Gramin Bank (herein referred as Bank).

4. On 21.6.2005 statement of allegations on which article of charges were based were served on the petitioner, wherein it was alleged, that the petitioner while working as an officer at Aonla Branch during the period 16.2.1999 to 5.6.2002 was entrusted :

1. The task of conducting pre sanction survey in respect of application dated 27.12.2001 (in which contents were filled by you) submitted by one Mr. Rajinder Prasad S/o Sri Ram Dutt Sharma was entrusted with you by the Branch Manager of our Aonla branch. The survey was carried out by you on 20.12.2001 and you inter alia certified as under :

(i) the applicant Mr. Rajinder Prasad has a land holding of 32 bigha (5.04 acres) identified by Khatauni No. 32, 224, 219, 124, 198, 213, 214, 215, 216, 217 and 254 and accordingly affixed your signatures on these khataunis where as the said khataunis were fake documents.

(ii) Applicant is properly identified by you and you are satisfied that he is honest.

(iii) Other particulars given in said application are correct.

It was on above basis and on basis of your recommendations, the Branch Manager sanctioned a facility of Rs. 45000 under the KCC scheme to Mr. Rajinder Prasad (borrower) and as stipulated in the sanction letter dated 20.12.2001 the above mentioned 32 bigha land (which was surveyed by you) was mortgaged to the bank on 27.12.2001.

The above said loan account had to be classified as NPA on April 2004 and the branch initiated recovery proceedings under UP Agriculture Credit Act 1973 on 8.10.2004.

It has now been established that the aforesaid borrower actually owned Approx. 7 ½ bigha of land (0.471 hectare) and to following extent findings of your pre sanction survey were incorrect and lead the Branch Manager to sanction and disburse facilities:

beyond the entitlement of the applicant under the KCC scheme

on the basis of mortgage of land measuring 32 bighas where as the bank had a security to the extent of approx. 7 ½ bigha of land thereby rendering the advance to be unsecured to that extent.

To an applicant who was not an honest person as observed by you as applicant had induced the bank to sanction loan of a larger amount on the basis of land which he did not own.

The survey conducted by you was deficient and the authorities who relied on the same made a decision to lend money to the applicant which turned out to be detrimental to the interests of the bank.

2. As per records of Tehsildar Aonla, on 1.11.2002 the title of land measuring 0.471 hectare which was owned by aforesaid borrower and which was mortgaged to our bank on 27.12.2001 was transferred to you for a consideration of Rs. 86500.

the loan granted above said was still outstanding in the name of the borrower when the title was transferred in your name.

You had specific and public notice that the land you purchased was mortgaged to the bank in respect of a loan where you had done the survey.

The property on which bank had a specific charge was purchased by you without seeking prior permission of the bank.

The purchase of above said property was not reported by you in your Asset and Liability Statements as on 31.3.2003 and 31.3.2004 and when the matter has came into the notice of bank and your explanation was sought vide HO letter No. HO:VIG:26:260 d