TMI Blog1996 (4) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... le Charges Nos.2,3,5,7 and 10 were established partially. Charge No.4 was held not established. On the basis of the said report, the appropriate authority dismissed the respondent from service. The appeal preferred by the respondent was dismissed whereupon he approached the Orissa High Court by way of a writ petition. The High Court has allowed the writ petition holding that the charges held established against the respondent represent errors of judgment but not misconduct . The High Court opined that though the respondent was guilty of doing many acts beyond his authority, it was not established that it was done with any ulterior motive or for any extraneous consideration. Since the Enquiry Officer has not found that the Bank has actually ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents and in some cases without any documents. (5) The petitioner sanctioned a number of Term Loans directly without observing the bank's rules and guidelines. (6) The petitioner unauthorisedly issued Bank Guarantee on behalf of different parties without intimation to R.O. The guarantees were issued and signed by himself as Br.Manager though on behalf of the Bank. While acting so he had not taken counter guarantee in some cases. (7) While allowing unauthorisedly advances/TOD/other loans, the petitioner had not taken proper documents. Most of the documents taken were blank, undated, unstamped. Thus he had not safeguarded the interest of the Bank. (8) The petitioner though made number of unauthorized irregular advances, allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arge proved. He also found that in some cases the Bank stood to gain while in some other cases the concerned advances had become sticky. Similarly, in respect of Charge No.3, number of instances were cited. It was held that in many cases the respondent allowed drawings/enhanced limits in excess of the sanctioned limits in violation of his discretionary powers. Charges Nos.5,6 and 7 speak of the respondent acting beyond his authority. Charge No.8 says that inspite of reminders, the respondent failed to send Control Returns to the Regional Office. This charge was held fully established. Charge No.9 is to the effect that the respondent allowed number of accounts and clean overdrafts even after receiving the instructions of the Regional Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employee shall maintain good conduct and discipline and show courtesy and attention to all persons in all transactions and negotiations. (3) No officer employee shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior. (4) Every officer employee shall take all possible steps to ensure the integrity and devotion to duty of all persons for the time being under his control and authority. It may be mentioned that in the memorandum of charges, the aforesaid two regulations are said to have been violated by the respondent. Regulation 3 requires every officer/employee of the Bank to take all possi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bank would become chaotic and unmanageable. Each officer of the Bank cannot be allowed to carve out his own little empire wherein he dispenses favours and largesse. No organization, more particularly, a Bank can function properly and effectively if its officers and employees do not observe the prescribed norms and discipline. Such indiscipline cannot be condoned on the specious ground that it was not actuated by ulterior motives or by extraneous considerations. The very act of acting beyond authority - that too a course of conduct spread over a sufficiently long period and involving innumerable instances - is by itself a misconduct. Such acts, if permitted, may bring in profit in some cases but they may also lead to huge losses. Such a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent did flout the said instructions and has thereby committed an act of disobedience of lawful orders. Similarly, Charge No.8, which has also been established in full is to the effect that inspite of reminders, the respondent did not submit Control Returns to the Regional Office. We fail to understand how could all this be characterized as errors of judgment and not as misconduct as defined by the regulations. We are of the opinion that the High Court has committed a clear error in holding that the aforesaid conduct of the respondent does not amount to misconduct or that it does not constitute violation of Regulations 3 and 24. We must mention that Sri V.A.Mohta, learned counsel For the respondent, stated fairly before us that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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