ORISSA HIGH COURT : CUTTACK W.P.(C) No.28648 of 2011 In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950 ***

Sri Bidyadhar Mallick Aged about 60 years Son of Late Damodar Mallick At/P.O.: Sartha, P.S.: Singla District: Balasore. … Petitioner -VERSUS-

1. UCO Bank Represented through its Chairman-cum-Managing Director Having its Head Office At 10, BTM Sarani Kolkata.

2. General Manager-cum-Appellate Authority Human Resource Management Department

3-4, DD Block, Sector-1 Salt Lake City Kolkata-64.

3. Zonal Manager-cum-Disciplinary Authority UCO Bank, Zonal Office At/P.O.: Kanika Chhak Tulasipur Cuttack-8. … Opposite parties Counsel appeared for the parties:

For the Petitioner : Mr. Surendra Nath Panda, Advocate For the Opposite parties : M/s. Bibekananda Udgata, S.M. Singh and S.K. Jena, Advocates P R E S E N T: HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN Date of Hearing : 21.03.2025 :: Date of Judgment : 02.04.2025

JUDGMENT

Questioning the legality and propriety of Order dated 29.12.2010 of the Disciplinary Authority-Zonal Manager, Zonal Office, UCO Bank, Cuttack vide Annexure-7 as confirmed in Appellate Order dated 25.04.2011 passed by the General Manager, Human Resource Management, Kolkata (Annexure-10), the instant writ petition has been filed to invoke extraordinary jurisdiction of this Court under the provisions of Articles 226 and 227 of the Constitution of India, with the following prayer(s):

“It is therefore, prayed that this Hon‟ble Court may be graciously pleased to:

(i) Admit the writ application, (ii) to call for the records;

(iii) to issue Rule NISI calling upon the opposite parties to as to why the said Rule shall not be made absolute.

Upon return thereto hear the parties and/or their counsels;

And for insufficient cause this Hon‟ble Court may be further pleased to quash the Order dated 29.12.2010 imposing major penalty like dismissal from service by the opposite party No.3 vide Annexure-7 and the Order confirming the same dated 25.04.2011 by the Appellate Authority, opposite party No.2 vide Annexure-10.

(iv) This Hon‟ble Court may be further pleased to hold that the initiation of proceeding against the petitioner is bad and discrimination has been committed in case of the petitioner And direct the opposite parties to grant monetary benefits as entitled to the petitioner after quashing the Orders vide Annexures-7 and 10.

(v) Any other order/orders that may deem fit and proper be passed for the facts and circumstances of the case.

And for which act of kindness, the petitioners as in duty bound shall ever pray.”

Facts:

2. The career graph of the petitioner as narrated in the writ petition does deserve to be reflected.

2.1. Having joined as a Clerk-cum-Cashier in the Branch Office of UCO Bank at Nilgiri on 10.10.1984, the petitioner got promoted to the post of Zonal Manager, Scale-1 Officer on 01.07.1986 and continued as such till 06.02.1988. Being promoted to the post of Assistant Manager (Advance), joined at Oupada Branch on 08.02.1988 where he worked till 28.09.1991. Thereafter, joining at Langaleswar Branch on 30.09.1991, he worked there up to 23.08.1996 as Assistant Manager (Advance). Being promoted to the post of Manager in the year 1996, he was directed to join at Debhog Branch as Manager and accordingly the petitioner took charge of Debhog Branch on 24.08.1996 and worked there up to 25.10.2000. Thereafter the petitioner joined as Assistant Manager (Account) at Baliapal on 27.10.2000, where he worked there up to 31.06.2003. Subsequently on 02.06.2003 he was transferred to Jamsuli Branch of UCO Bank to function as Manager and worked there up to 15.08.2006. From there the petitioner was transferred to Raibania Branch as Manager where he worked from 16.08.2006 to 11.07.2009 and having got transferred to Nilgiri Branch, he joined on 13.07.2009 as Manager.

2.2. While working as Manager at Nilgiri Branch, the petitioner received Letter dated 20.11.2009 from the Disciplinary Authority-opposite party