Case Note & Summary
The High Court of Judicature at Bombay, Aurangabad Bench, heard two writ petitions together. The petitioners, former Branch Manager and Accountant of Union Bank of India, challenged their dismissal from service on 30th March 2002, as confirmed by the Appellate Authority on 25th July 2002 and Reviewing Authority on 22nd October 2002. They sought reinstatement with back benefits and subsistence allowance. The dismissal arose from an alleged fraud involving a fictitious credit of Rs. 2 lakh in a Savings Bank Account at the bank's Sindhi Colony Branch, Jalgaon, in June 1998. An audit revealed the irregularity, leading to suspension and criminal prosecution under various IPC sections. The petitioner in WP 3410/2004 (Branch Manager) was discharged from criminal case by the Sessions Court, but the bank's appeal was pending. Meanwhile, departmental proceedings were initiated, and the High Court had earlier stayed the enquiry only in respect of the misappropriation charge, permitting other charges. The petitioners alleged coercion in obtaining a confession, and contended that the enquiry was conducted unfairly. The matter proceeded before the Inquiring Authority, with witnesses examined and written submissions filed. The judgment text ends abruptly, and thus the final decision is not available in the provided excerpt.
Issue of Consideration
Writ Petition No. 3410 of 2004
Case Details
2017 LawText (BOM) (10) 10
Writ Petition No. 3410 of 2004 and Writ Petition No. 3511 of 2004
R.D. Dhanuka, Sunil K. Kotwal
Ajay Deshpande, S.V. Natu
Gokul Namdeo Choudhari and Chintamani Dattatray Sohoni
Union Bank of India through Managing Director, Disciplinary Authority (Dy. General Manager), and Appellate Authority (General Manager Personnel)
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Nature of Litigation
Challenge to the orders of dismissal, appellate, and reviewing authorities in a bank fraud case, seeking reinstatement and back benefits.
Remedy Sought
Petitioners sought a writ of certiorari to quash the dismissal order dated 30th March 2002 and appellate/review orders, and sought reinstatement with all benefits and subsistence allowance.
Filing Reason
Alleged fraudulent transaction involving a fictitious credit entry of Rs. 2 lakh in a Savings Bank Account and subsequent withdrawal, leading to disciplinary action and dismissal.
Previous Decisions
Criminal Case: Petitioner in WP 3410/2004 discharged by Additional Sessions Judge, Jalgaon on 9th May 2000; bank's Criminal Application No. 758/2001 pending in High Court. High Court in WP Nos. 4814/1999 and 4827/1999 ordered stay on departmental enquiry only regarding misappropriation charge, but allowed other charges.
Submissions/Arguments
Petitioners argued that the confession was obtained under threat and undue influence. They contended that the departmental enquiry was proceeded with despite a court stay on the misappropriation charge. They claimed that the criminal court had discharged the petitioner in WP 3410/2004, finding no misappropriation. They alleged that the second enquiry was initiated with a prejudicial attitude. They denied the allegations and submitted that the transactions were under instructions.
Judgment Excerpts
On 22nd June, 1998 there was an audit carried out by vigilance party of the Sindhi Colony Branch Jalgaon of the respondent No.1. In the said audit it was allegedly pointed out that there was alleged fraud in so far as the Savings Bank Account No.790 opened with the said Sindhi Colony Branch in respect of Rs. Two lakh on 22nd June, 1998.
By an order dated 25th January, 2000 passed by this Court in Writ Petition Nos.4814/1999 and 4827/1999 filed by these two writ petitioners, directed the respondents not to proceed with the Departmental Disciplinary Proceeding in so far as it relates to the charge of misappropriation of amount of Rs. Two lakh as also any charge or imputation based on the facts and circumstances surrounding the said alleged temporary misappropriation is concerned. It was however clarified by this Court that the respondents were not prevented from proceeding with other charges of misconduct during discharge of their official duties as against the two petitioners herein.
By a judgment and order dated 9th May, 2000 the learned Additional Sessions Judge discharged the petitioner form the offence and from all the charges under sections 408, 409, 420, 467, 468, 477 read with section 34 of the Indian Penal Code.
Procedural History
Petitioners were bank employees dismissed on 30th March 2002 after a departmental enquiry. Their appeal (25th July 2002) and review (22nd October 2002) were rejected. They filed writ petitions in 2004. Earlier, criminal proceedings were initiated; petitioner in WP 3410/2004 was discharged by Sessions Court on 9th May 2000. The High Court in 2000 partially stayed the departmental enquiry pending criminal trial, allowing enquiry on charges other than misappropriation. The departmental enquiry proceeded with witnesses examined and written submissions filed.
Acts & Sections
- Indian Penal Code, 1860: 408, 409, 420, 467, 468, 477, 34
- Officers and Employees (Disciplinary and Appeal Regulations), 1976: 14
