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1999 DIGILAW 192 (KAR)

USHA SATISH v. BOARD OF DIRECTORS, THE LAKSHMI VILAS BANK LIMITED

1999-03-25

H.L.DATTU

body1999
H. L. DATTU, J. ( 1 ) PETITIONER, now dismissed from service, had joined the services of the respondent-Lakshmi Vilas Bank Limited, Karur as a Clerk. Immediately after such appointment, she was posted to work at Jayanagar branch, Bangalore. Taking into consideration her seniority and also good work carried out by her, petitioner was granted promotion first in the year 1991 and thereafter in the year 1992 as an Officer in the Bank. ( 2 ) PETITIONER was serving in the respondent-Bank as an Accountant (on deputation) at Bangalore Main Branch. While working in the said branch, she was served with a letter dated 17-2-1993 containing certain acts of omissions and commissions said to have been committed by her while working as Accountant in the City Market Branch of the respondent-Bank. By her letter dated 12-3-1993, petitioner accepts her mistakes and pleads for mercy. Competent Authorities of the respondent-Bank not being satisfied with the explanation offered had issued a charge memo dated 26-4-1993 containing charges of misconduct as an Accountant at City Market Branch of the respondent-Bank. Altogether, they alleged three charges against the petitioner. Charges are of serious in nature. Petitioner had filed a reply dated 12-5-1993 and in that she had accepted the allegations made by the Bank against her in the charge-memo. The Disciplinary Authority of the Bank had also issued an additional charge memo dated 8-12-1993 and this was also replied by her in her reply letter dated 21-12-1993. The Disciplinary authority had appointed an enquiry officer to enquire into the allegations made in the charge memo. The enquiry officer after a full-fledged enquiry, has given his findings and is of the view that the charges are established and proved beyond doubt and the petitioner is guilty of all the charges alleged in the charge memo. The enquiry officer submitted his report together with the records of the enquiry proceedings and other documents to the Disciplinary Authority. ( 3 ) THE Disciplinary Authority after scrutinising the records, evidence both documentary and oral and being of the view that the enquiry has been conducted in accordance with the principles of natural justice and in accordance with the Service Regulations of the Bank, has proceeded to impose penalty of dismissal, dismissing the petitioner from the services of the Bank by his order dated 15-5-1995. Aggrieved, by the said order, petitioner had preferred an appeal before the Appellate Authority, who by his order dated 26-10-1995 has rejected the appeal and has confirmed the orders made by the Disciplinary Authority. Thereafter, petitioner has filed a review petition before the Review Authority. Even this Review Petition is rejected by the Reviewing Authority. It is these orders, which are called in question by the petitioner before this Court, being aggrieved by the same. ( 4 ) THE charge memo is dated 26-4-1993. In that, following charges are alleged against the petitioner: charge-SHEET it is reported against you as under: that you have been functioning as Accountant of our City Market- bangalore branch since 29-9-1992. That while functioning so, cheque No. 156316, dated 1-1-1993 for Rs. 1,500/- issued in favour of Mr. Saijan Rao by you was sent for collection by our Bangalore main Branch under OBC along with an another OBC for Rs. 380/- in the same collection schedule and consciously failed to enter the cheques in the Inward Bills Register. That the OBCs were kept by you in your possession without the knowledge of the officials of the branch with an ulterior intention. That on 11-1-1993 you sent the realisation advice to Bangalore Main Branch without however debiting the cheques in the concerned ledger folio on the said date. That only on 12-1-1993 you entered the particulars and debited the cheques in the corresponding books of the Bank. Charge No. 1 by retaining the OBCs in your possession without the knowledge of the other officials of the branch and sending the advice without making corresponding debit entries in the relevant records of the bank, you concealed the material facts with a dishonest intention and thereby gained undue pecuniary advantage for you. By doing so you have failed to discharge your duties with diligence, devotion, integrity and honesty. You have therefore acted in violation of Regulation 5 (1) of the Lakshmi Vilas Bank Officers' Discipline and Disciplinary Action Regulations, 1987. That also you issued the following cheques without maintaining sufficient balance in your account.