By means of this writ petition, the petitioner who was a Scale-II officer in the United Bank of India, the UBI in short, has challenged the departmental proceeding as was drawn against him by the chargesheet No. PD/VIG/DIR/1601/169/2009 dated 09.01.2009 by the Disciplinary Authority and prayed for his reinstatement assumably on interfering the order of the disciplinary authority under No.PD/DIR/1601/6346/2009 dated 08.07.2009 and the order of the appellate authority under No. No.PD/DIR/1601/9384/ 2009 dated 20.10.2009.

[2] The undisputed facts as emerged from the records are that while the petitioner was posted at Teliamura Branch of the UBI as the Manager (Operation) he had overdrawn an amount of Rs.1,60,000/(Rupees One lac Sixty thousands) from his overdraft account bearing No.340016 though he had no such amount in his credit on the day of withdrawal. The petitioner has in the writ petition admitted specifically that he did never deny the said fact on any occasion. Even the Branch Manager did not ask him to repay the excess amount with the chargeable interest within a stipulated period.

[3] According to the petitioner, since he was never entrusted with the work of the Branch Manager, he had no access to manipulate the process. It is the exclusive domain of the Branch Manager to deal with all types of loans and advance and authority of exclusive supervision of day to day transaction in the accounts of overdraft and cash credit along with the other financial matters related to the officers and the staffs of the branch. All entires to the overdraft account of the officers of the branch are made by the clerks (Computer Operators) at the instruction of the Branch Manager of the Bank. The Manager (Operation) has nothing to do with those affairs. He is neither the sanctioning authority nor the passing officers of the cheque related to the overdraft/cash credit accounts.

[4] Having discovered that the petitioner had overdrawn the said sum, the Branch Manager of UBI, Teliamura lodged a written complaint against him on 07.08.2008 before the OfficerinCharge of the Teliamura P.S. alleging that the petitioner had fraudulently misappropriated the bank money and cheated the bank. Thus, Teliamura P.S. case No.43 of 2008 corresponding G.R Case No.171 of 2008 was registered under Section 409 of the I.P.C. The petitioner surrendered in the court of the SubDivisional Judicial Magistrate, Khowai and he was remanded to the jail custody and released on bail subsequently on 31.12.2008. On 15.04.2008, the petitioner was suspended in contemplation of a departmental proceeding.

[5] The writ petition has been drawn up in a slipshod manner. Even there is no specific challenge against the inquiry report, the final order of the disciplinary authority and the order of the appellate authority which emerged before filing of the writ petition. But it has not been denied by the petitioner that the disciplinary proceeding was drawn up against him by the chargesheet bearing No. PD/VIG/DIR/1601/169/2009 dated 09.01.2009 on the following allegations:

1. (a) Tripura R.O. vide memo Nos.TRO/ADM/6919/2008 dated 14.02.08 and TRO/ADM/6921/2008 dated 14.02.08 had sanctioned Rs.900/and Rs.2193/against TA/TE Bill submitted by you. Out of the said sanctioned amount (Rs.3093/in aggregate), you were eligible to get credit of Rs.1293/only after adjustment of Temporary Advance of Rs.1800/. However, on 27.02.08, instead of crediting the said Rs.1293/, you had posted and authorized credit entry of Rs.1,01,293/in your OD account No.340016 with user-Id ‘MGR’. Subsequently, with the aforesaid excess credit of Rs.1.00 lacs in his OD A/c No.340016 you had withdrawn Rs.1.05 lacs on 01.03.08 vide cheque No.201210. His such act tantamount to misappropriation of Bank’s fund.

(b) To cover up the aforesaid fraudulent transaction, you deliberately suppressed the discrepancy of Rs.1.00 lac between the Over Draft ledger balance and Overdraft Sub-head in G.L. while undertaking day-end pr