Ashok Kumar v. Vaishali Kshetriya Gramin Bank through its Chairman
2004-03-01
body2004
DigiLaw.ai
ORDER This letters patent appeal has been filed against an order of 18 December, 2003 on the writ petition (CWJC No.10113 of 2003). The petitioner, a Branch Manager with Vaishali Kshetriya Gramin Bank, saw himself dismissed from service on the ground of defalcation and misappropriation of amounts taken out from the Bank unauthorizedly. The petitioner was filed to challenge the order of dismissal. The learned judge declined to grant any relief. The petition was dismissed. Thus, the present letters patent appeal. 2. Before this court sitting in the letters patent appeal jurisdiction a bizarre story has been given that a Branch Manager of Vaishali Kshetriya Gramin Bank could withdraw the money as long as he is accountable for it and put it back into the account and this could be done even for his personal use. 3. If what is submitted on behalf of the appellant is correct that a banker can use the depositers' money for personal use, then, this shakes confidence and trust in a Bank. Then, the public should be caused against such a Bank. A public advertisement should be issued by the State government that no one should deposit any money with the Vaishali Kshetriya Gramin Bank as this Bank encourages withdrawal of money lying in deposit, to be used by the officers of the Bank for personal use. 4. This is a letters patent appeal jurisdiction which rests on justice, equity and good conscience. Neither of the factors come to the aid of the petitioner. The manner in which the arguments were advanced by the counsel for the appellant with arrogance sans humility, the court would have been tempted to pass an order that the petitioner-appellant's pension ought to be stopped. But as this is not the subject matter of the appeal, we refrain from passing such direction. 5. Dismissed.