Komal Ram vs Appelllate Authority/B.O.D. Of ...
2013 Latest Caselaw 1566 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 22630 of 2013
 

 
Petitioner :- Komal Ram
 
Respondent :- Appelllate Authority/B.O.D. Of K.G.S. Gramin Bank And 2 Ors.
 
Petitioner Counsel :- Smt. Sita Tiwari,Sahab Tiwari,Saurabh Tiwari
 
Respondent Counsel :- Yashwant Singh
 

 
Hon'ble Arun Tandon,J.

Heard learned counsel for the petitioner and learned counsel for the respondents.

The petitioner, who was an employee of Kashi Gomti Samyut Gramin Bank was proceeded with departmentally.The departmental proceedings culminated in an order of Disciplinary Authority dated 7.9.2012 whereunder the petitioner was dismissed from service on the charges  being found proved.  It has further been provided that during the period of suspension, he shall not be entitled to anything over  and above the subsistence allowance. Not being satisfied the petitioner filed an appeal. The appeal has been considered by the Board of Directors of the Bank and under the order dated  1.2.2013 the Board has decided to dismiss the appeal. The Appellate Authority among others has recorded that the petitioner had made fake entries in the loan ledger  and had further manipulated  entries by overwriting  in the year thereby  causing financial loss to the bank. It has been  found that the petitioner had withdrawn Rs.238300/- from his own COD A/C 103 through un-posted withdrawls on as many as 25 occasions. It has, therefore, been held that acts of the petitioner were fraudulent and he had  defrauded the bank.

Learned counsel for the petitioner made an attempt to challenge the fuels of facts as recorded.

After examining the record, this Court finds that charges have been brought home after following the procedure prescribed during the departmental enquiry. Finding of guilt as  recorded  is based on material available on record. This Court cannot reproach the findings nor can substitute the same  after reappreciating  the  material on record. The punishment  as inflicted in facts of this case are commensurate to the charges found proved.

Counsel for the petitioner has admitted that the Chairman who had passed the punishment order has not participated in the meeting of the Board which has decided the appeal.

The decision of the Board has only been communicated under the signatures of the Chairman. 

No interference is warranted.

The writ petition is dismissed.

(Arun Tandon,J.)

Order Date :- 1.5.2013

Asha