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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 31^st January, 2025 + W.P.(C) 13645/2009 and CM APPL. 45449/2021 RANJEET KUMAR .....Petitioner Through: Mr. Shanker Raju and Mr. Nilansh Gaur, Advocates.

versus BANK OF BARDOA AND ORS .....Respondents Through: Ms. Praveena Gautam, Ms. Kanika Kalyan, Ms. Akanksha Tyagi and Mr. Pawan Shukla, Advocates for Respondents/BOB.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

1. This writ petition is preferred on behalf of the Petitioner under Articles 226/227 of the Constitution of India, laying a challenge to order dated 29.05.2004 passed by the Disciplinary Authority (‘DA’) whereby penalty of “Removal from service with superannuation benefits, i.e. Pension and/or provident fund and gratuity as would be due otherwise under the rules or regulations prevailing at the relevant time and without disqualification for future employment”, was imposed as also order dated 06.06.2007 passed by the Appellate Authority dismissing the appeal against the penalty order. Consequential benefits including retiral benefits are sought.

2. Case of the Petitioner as averred in the writ petition is that Petitioner joined the erstwhile Bareilly Corporation Bank Limited (‘EBCBL’) in 1982.

Signature Not Verified Digitally Signed W.P.(C) 13645/2009 Page 1 of 23 Upon transfer from Bangarmau, Petitioner joined Faridabad Branch on 08.04.1989 as Cashier In-charge. Petitioner worked on the said post from 08.04.1989 to 07.05.1993 and was promoted as JMGS-I (Officer Grade) on 01.05.1993. Between 1993 to 1997, Petitioner remained posted at Sambhal and Ujhani branches of EBCBL.

3. On 12.08.1998, charge sheet was issued against the Petitioner by EBCBL containing the following Articles of Charges:-

“1.i While making the cash payment of the debit cash payment vouchers (From No. 10), you overlooked a very important aspect that these vouchers were not bearing the signatures of the recipient at the place specified for. Details of such instances are given as under:-

1.ii Though the signatures of the recipients were not appearing on the reverse side of the various (FormNo.10), you also did not ensure to obtain the same while making payment of the aforesaid vouchers.

Signature Not Verified Digitally Signed W.P.(C) 13645/2009 Page 2 of 23

1.iii. You thus colluded with the then officers of the Branch viz. Mr. Ajay Kumar Gupta and Mr. V.K. Kakkar while making the aforesaid cash payments in an unauthorized manner with malafide intentions.

1.iv Due to your aforesaid acts, the misutilization of the Bank's funds by manipulating the entries could not be surfaced immediately.

2.i. You made the cash payment of various withdrawals forms without ensuring that these withdrawal forms were bearing the signatures of the drawer/account holder. The particulars of such withdrawal forms are appended herebelow:-

2.ii Though the signatures of the recipients were appearing on the reverse side of the voucher(withdrawal form), you also did not ensure to obtain the same while making the cash payment of the aforesaid withdrawal forms.

2.iii You thus colluded with Mr. V.K. Kakkar, the then officer of the Branch, who had passed these unauthorized withdrawal forms.

3.i You made the cash payment of various cheques, without ensuring that these cheques were bearing the signatures of the drawers/account holders. Such instances have been given as under:-

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3.ii Though the signatures of the recipients were not appearing on the reverse side of these instruments, you also did not ensure to obtain the same while making payment of the aforesaid instruments.

3.iii You thus colluded with Mr. Ajay Kumar Gupta and Mr. V.K. Kakkar, the then officers of the branch, who had passed these unauthorized instruments/cheques.

Your aforesaid acts, if proved, are acts of gross misconduct. It is, therefore, decided to conduct a departmental enquiry into these allegations and the bank charges you as under:-

i