ORAL JUDGMENT

Date : 01-04-2024 Heard Mr. Bindhyachal Singh, learned Sr. Counsel for the petitioner assisted by Mr. Ram Binod Singh, learned counsel and learned counsel for the respondent- Uttar Gramin Bank.

2. The present writ petition has been filed for the following relief/s :-

i) For issuance of the writ in the nature of certiorari or any other appropriate writ for quashing of the memo of charge contained in letter no. HO/DAD/11/18-19 No.-383 dated 20.12.2018 whereby the departmental proceeding was initiated against the petitioner after the lapses of almost 11 years from the date of sanctioning of loan on the ground of the vague and unspecific charges.

ii) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the finding of the enquiring authority/enquiry report dated 13.06.2019 contained in letter no. HO/DAD/12/19-20 No.-135 dated 29.05.2019, whereby erroneously the enquiring authority has come to the abrupt conclusion that the charge no. 1 against the petitioner is found to be proved.

iii) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the order contained in letter no. HO/DAD/12/19-20 No.-186 dated 01.08.2019 issued under the signature of Disciplinary Authority, whereby the petitioner has been subjected to consolidated punishment of "Dismissal which shall ordinarily be a disqualification for future employment in terms of Regulation 39(1) (b) (v) of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulations, 2010 read with Uttar Bihar Gramin Bank Service (Amendment) Regulations, 2013." (hereinafter referred to as "Regulations" only).

iv) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the administrative order contained in letter no. HO/DAD/12/19-20 No.-187 dated 01.08.2019 passed by the General Manager, Uttar Bihar Gramin Bank (hereinafter referred to as "Bank" only), Muzaffarpur, whereby the petitioner has been awarded the penalty of "Dismissal which shall ordinarily be a disqualification for future employment in terms of Regulation 39(I) (b) (v) of Uttar Bihar Gramin Bank (Officers & Employees) Service Regulations, 2010 read with Uttar Bihar Gramin Bank Service (Amendment) Regulations, 2013."

v) For issuance of writ in the nature of certiorari or any other appropriate writ for quashing of the order dated 23.10.2019 contained in letter No. HO/DAD/12/19-20 No.-322 dated 23.10.2019 passed by the Chairman-cum-Appellate Authority, Uttar Bihar Gramin Bank, Muzaffarpur, whereby the appeal preferred by the petitioner against the order of the disciplinary authority, has been rejected by the Appellate Court of the Bank.

vi) For issuance of writ in the nature of mandamus or any other appropriate writ for necessary direction upon the respondents to pay all consequential benefit including the retiral dues as the petitioner has already superannuated on

31.12.2018.

vii) For issuance of any other appropriate writ or direction which your Lordships may deem fit and proper in the facts and circumstances of the case.

3. Learned Sr. Counsel for the petitioner submits that the petitioner was posted as Branch Manager of Jhauwan Branch under the Regional Office, Chapra in Scale-1 from 2004-2010. During the said period, the petitioner sanctioned certain loans after obtaining certain immovable properties of the borrowers under equitable mortgage. In addition to that, the petitioner had also obtained certain LIC bonds from the borrowers as additional safety measures. The petitioner was promoted to Scale-II in the year 2010 and was transferred to Malmaliya Branch in the district of Siwan and, thereafter, to Puchhari Branch under the regional office Chapra.

4. Learned Sr. Counsel for the petitioner further submits that for his work of distributing loan, letter of appreciation was granted to him and on the basis of his good performance, promotion in Scale-II was granted. But, at the fag end of his career, when he wa