Sahadeo Choudhary v. Jharkhand Gramin Bank trough its Chairman, Ranchi Region, Ranchi
2013-09-02
APARESH KUMAR SINGH
body2013
DigiLaw.ai
Order : I.A. No. 5468 of 2013 Heard learned counsel for the parties. 2. The writ petition can be disposed of on basis of short issue which appears to be contested between the parties. 3. The petitioner, who was the Branch Manager under the respondent -Jharkhand Gramin Bank, was served with a show cause-cum-punishment notice dated 19.03.2013, which is at Annexure-1 to the writ petition, whereunder it was indicated that in respect of certain loan accounts, the petitioner had exceeded his delegated authority to sanction a particular amount and therefore, it was proposed to recover Rs.2,61,225/- from his retirement benefits on superannuation as a special case, if he makes a voluntary admission of guilt in response to this show cause-cum-punishment notice. Therefore it was indicated that in case the petitioner accepts his guilt, the respondent authority proposes to recover the amount in question as minor penalty and not to impose other major penalty as a special case done under Regulation 39.1(iv) of the Jharkhand Gramin Bank (Officers and Employees) Service Regulation, 2010. The said notice was issued about 11 days before the impending retirement of the petitioner on 31.03.2013. The petitioner in his reply dated 23.03.2013, however, conditionally accepted his guilt by raising certain defence in respect of one loan account relating to Nitish Kumar Karmali being Account No. 10123210000002. According to him, show cause-cum-punishment notice in relation to the aforesaid account was not proper as the same loan was sanctioned by the then Branch Manager namely P.K. Biswas on 04.12.2006 and not on 01.09.2011 as alleged by him. Therefore, according to petitioner, he is not willing to accept his guilt so far as amount of Rs.1,16,170.00 is concerned in relation to the aforesaid account of one Nitish Kumar Karmali. On such eventuality, the respondent, however, choose to initiate a departmental proceeding under Regulation 45(3) and (4) of the Jharkhand Gramin Bank (Officers and Employees) Service Regulations, 2010, vide Annexure-5 to the writ petition dated 31.03.2013 for the entire loan accounts in respect of which he was served with a show cause-cum-punishment dated 19.03.2013. 4. Learned counsel for the respondents, on the other hand, submits that condition of show cause notice requires that the petitioner should accept his guilt in respect of the defaulting loan accounts in respect of which he has sanctioned the loan beyond his permissible limit as Branch Manager.
4. Learned counsel for the respondents, on the other hand, submits that condition of show cause notice requires that the petitioner should accept his guilt in respect of the defaulting loan accounts in respect of which he has sanctioned the loan beyond his permissible limit as Branch Manager. Since, conditionally the petitioner has accepted his guilt, a departmental proceeding has been initiated against the petitioner vide letter dated 31.03.2013, Annexure-5 to the writ petition. 5. Having heard learned counsel for the parties, therefore, it appears that the bone of contention, so far as allegation against the petitioner under show cause-cum-punishment dated 19.03.2013 is concerned, is only related to only one account of Nitish Kumar Karmali being Account No. 10123210000002 for the amount of Rs.1,16,170.00 which is being contested by the petitioner on account of certain defence relied upon by him. For the rest of the accounts, the petitioner has accepted his guilt. In the circumstances, in the interest of justice, it would be proper that the petitioner be proceeded against for the balance amount of Rs.1,16,170.00 alone under the impugned departmental proceeding initiated vide Annexure-5 dated 31.03.2013. For rest of the amount, as accepted by the petitioner, it can be recovered from his post retirement benefits as alleged in the said show cause-cum-punishment dated 19.03.2013. It is, however, again made clear that it is open to the respondent-Bank to proceed against the petitioner for remaining amount, which is in dispute and contested by the petitioner, in accordance with law under the departmental proceeding initiated vide letter dated 31.03.2013, Annexure-5 to the writ petition. 6. Learned counsel for the petitioner submits that the respondents may be directed to pay the outstanding admissible post retirement dues to the petitioner, which can be disbursed after adjustment of Rs.1,45,050.00. 7. The respondents shall consider the request of the petitioner for payment of the balance admissible post retirement dues after adjustment of Rs.1,45,050.00 for which he has accepted his guilt within a reasonable time preferably eight weeks from the date of receipt of this order. 8. Accordingly, the writ petition is disposed of in the aforesaid terms. 9. I.A. No. 5468 of 2013 is also disposed of.