O R D E R

The Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order of punishment passed in DO:DA: DGM(BPM):NON:VIG:7922, dated 14.08.2013 confirmed by the 2nd respondent, vide his order, dated 04.12.2013 in DO: AA: GM (DSB): NON -VIG: 7922 confirmed by the 1st respondent in his order, dated 29.10.2014, in DO:RA:ED (AA): NON-VIG: F-7922 and consequently, to direct the respondents to restore the petitioner's service as Branch Manager Scale II and to revise the petitioner's monetary benefits and pay arrears.

2. The brief facts of the case are that the petitioner joined the Indian Overseas Bank as a clerk in the year 1979, promoted as Assistant Manager in the year 1998 and retired from service as Director, Indian Overseas Bank Rural Self Employment Training Institute on attaining superannuation on 31.03.2014. While the petitioner was working as Director, Rural Self Employment Training Institute, Virudhunagar, a charge memo, dated 06.03.2012, was issued alleging 12 set of articles, that the petitioner without following the procedure and without obtaining prior permission from the authorities had sanctioned loan. The petitioner has sanctioned loan in favour of two self helped groups without obtaining approval from the Regional Office and sanctioned a loan of Rs. 2,00,000/- each. The total loan amount is Rs.98,00,000/- for 49 loan accounts in favour SEEDS SHG and sanctioned a loan of Rs.1,41,000/- for 47 loan accounts in favour of SAMON. The petitioner submitted an explanation stating that after getting deposit of each 1 crore from the Tamil Nadu Construction Workers Welfare Fund had sanctioned the loan amount.

3. The second charge is that without getting prior sanction from the Regional Office, the petitioner has sanctioned a sum of Rs.76,00,000/- to 38 Self Help Groups from 26.03.2010 to 15.07.2010. The petitioner submits that he being a Manager of the Bank is empowered to sanction loan upto Rs. 5,00,000/-, which is within his limit. The 3rd charge is that without considering the date of formation of Self Help Group (SHG), has sanctioned the loan amount in favour of three SHG. The petitioner submitted an explanation that there is a typographical error in date of formation of group and the same was rectified which was informed to the Regional Office.

4. The petitioner submitted a detailed explanation to the 3rd respondent on

04.04.2012. Thereafter, the respondents appointed an enquiry officer and the enquiry officer submitted his report on 20.12.2012 saying that all the charges are proved. Thereafter, without issuing the second show cause notice, the petitioner was imposed with a punishment of “reduction in grade from scale II (MMG-II) to scale I (JMG-I) as Assistant Manager in the Bank with the basic pay of Rs.18,700/-”.

5. The contention of the petitioner is he suffered double punishment, since the petitioner's grade was reduced from Scale -II to Scale - I as Assistant Manager and basic pay was fixed as Rs.18,700/ which is the basic pay to the post of fresh Assistant Manager. Aggrieved over the same, the petitioner filed an appeal before the 2nd respondent which was dismissed and preferred a revision petition before the 1st respondent and the same was dismissed.

Aggrieved over the same, the present writ petition is filed.

6. The respondents have filed a counter affidavit stating that while working as Manager in Malaipatti Branch, had committed certain irregularities in respect of sanctioning of 96 Self Help Groups loans. Therefore, a charge memo, dated 06.03.2012 was issued alleging that between 26.03.2010 to 29.09.2010, the petitioner had sanctioned loan to 96 Self Help Groups. While sanctioning these loans, the petitioner had committed grave irregularities like the petitioner had sanctioned loans without obtaining prior permission from the concerned authorities, the petitioner has no discretionary power, has committed gross violation of norms while lending loans, left blanks in loan doc