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TMI Blog2010 (7) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... of the respondent. The respondent moved a contempt petition for non-implementation thereof. This Court vide its order dated 7th May, 2007 has stayed the contempt proceedings. Subsequently, leave was granted on appellant's Special leave petition on 6th September, 2007. Mr. Rajiv Nanda, learned Counsel has appeared for the appellant. The respondent has appeared in person. Short facts leading to this appeal 2. As stated above, the respondent was working as a Manager of the appellant's Branch (earlier an extension counter) at Guru Nanak Girls Degree College, Sunder Nagar, Kanpur. In a vigilance inspection, it was found on 8th of March, 1999 that some 20 loans to the tune of Rs. 16.48 lacs were disbursed to some persons against FDRs though the FDRs were in the names of altogether different persons. It was also seen that the withdrawals which were allowed, were far in excess over the amounts in the FDRs. All those entries were in the hand-writing of the respondent. 3. On 9th of March, 1999, when the Zonal Manager, Lucknow, telephonically made further inquiries with the respondent, immediately thereafter, the respondent left the Branch by leaving behind a letter of voluntary re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocopy of a page of the FDR ledger wherein the FDR Nos. 115 and 116 are recorded. The FDR No. 115 is worth of Rs. 10000/-and No. 116 is worth of Rs. 2500/- only. FDR No. 115 in the name of one Nand Kumar whereas FDR No. 116 is in the name of one Hardeep Satija. Thus as can be seen, whereas the amounts in the two FDRs were only Rs. 12500/- together, the loan advanced was Rs. 75000/- and that too to a third party one Rajinder Kaur in whose name either of the FDRs do not stand. The above referred two extracts of the ledger are brought on record during the inquiry as Management Exhibits, MEX B-1 and MEX F-1. 6. These amounts are stated to have been handed over to the respondent by the Cashier of the Bank one K.P. Singh on 18 occasions and by one Mr. Dixit on two occasions. Mr. K.P. Singh has deposed during the departmental inquiry. He has proved the above referred two extracts. He has stated that the respondent used to ask him to get such cash as against FDRs and he used to make the cash available to him. Thus in all 20 ledger entries were brought on record and exhibited showing the withdrawals permitted to some persons and the ledger entries showing the names of altogether different p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lete details on each documents. The C.S.O. has based himself on premises and has nothing to present in his defence. On going through both written and oral evidence before me, I posed queries before CSO, whether he can produce any evidence of FDRs from Bank records. The answer was negative and evasive. Further query was raised whether the borrowers could be produced to prove his contention. The reply again was negative. Hence evaluating the document before me and other relevant evidence, I am of the opinion that charge number 1 based on allegations 1 to 20 stands proved. 9. Similarly, with respect to the charges Nos. 2 and 3 of his going away from the branch on 9th March, 1999 without handing over charge and absconding thereafter, the only submission forthcoming was that when the Zonal Manager talked to him, he felt reprimanded and, therefore, he sent his letter of V.R.S. There was however no explanation as to how he could walk away without handing over the change and why he did not turn up even though he was given a telegram to join on the duty. 10. As far as the charge number 4 and 5 are concerned, it was alleged against him that he has stood guarantor firstly for a company in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B. Karunakar AIR 1994 SC 1074. It directed the appellant to hold a fresh inquiry and then to pass appropriate orders. It is this order which has been challenged before us. Rival Contentions 14. Mr. Nanda, learned Counsel appearing for the appellant has taken us through the material which was there before the inquiry officer and which was also placed before the High Court and also before this Court. He has referred to the report of the inquiry officer and as to how the charges were established. The relevant paragraphs therefrom are already quoted above. Mr. Nanda, therefore, raised a question - Can this report in any way be said to be sketchy? He submitted that the inquiry officer may not have given separate finding based on each and every document, but he has referred to all the documents produced in the inquiry and considered them. He pointed out that the report clearly shows that a complete co-relation was established between the ledger entries in the loan register and the entries in the FDR register by producing the relevant pages of both these registers. All those entries were noted to be in the hand-writing of the respondent. It clearly showed that in 20 cases, loans were di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are rather amazed at the manner in which the High Court has dealt with the material on record. The Inquiry Officer is an officer of a Bank. He was considering the material which has placed before him and thereafter, he has come to the conclusion that the misconduct is established. He was concerned with a serious charge of unexplained withdrawals of huge amounts by a Branch Manager in the name of fictitious persons. Once the necessary material was placed on record and when the charge-sheeted officer had no explanation to offer, the Inquiry Officer could not have taken any other view. The order of a bank officer may not be written in the manner in which a judicial officer would write. Yet what one has to see is whether the order is sufficiently clear and contains the reasons in justification for the conclusion arrived at. The High Court has ignored this aspect. Absence of reasons in a disciplinary order would amount to denial of natural justice to the charge-sheeted employee. But the present case was certainly not one of that category. Once the charges were found to have been established, the High Court had no reason to interfere in the decision. Even though there was sufficient doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e conclusion follow that the charge in question is proved against the respondent? This approach will avoid weighing the evidence. It will take the evidence as it stands and only examine whether on that evidence legally the impugned conclusion follows or not. 19. In a number of cases including State Bank of India v. Bela Bagchi (supra) this Court has held that a bank employee has to exercise a higher degree of honesty and integrity. He is concerned with the deposits of the customers of the Bank and he cannot permit the deposits to be tinkered with in any manner. In Damoh Panna Sagar Rural Regional Bank's case (supra) the Manager of a Bank who had indulged in unauthorized withdrawals, subsequently returned the amount with interest. Yet this Court has held that this conduct of unauthorized withdrawals amounted to a serious misconduct. Same is the case in the present matter. There was a clear documentary evidence on record in the handwriting of the respondent which established his role in the withdrawal of huge amounts for fictitious persons. The ledger entries clearly showed that whereas the FDRs were in one name, the withdrawals were shown in the name of altogether different per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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