High Court of Punjab and HaryanaCWP/24022/2014allowed

S.K Verma v. Sarva Haryana Gramin Bank And ANR

2024-04-24Mr. Justice Jasgurpreet Singh Puri17 pages

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6 ! C (-,<>@&, > The following articles of charges are laid down against you in respect of your various acts of omission and commission as Manager at Bhinguri Branch. 1.

That while working as Manager at Bhinguri Branch you extorted bribe from one Sh. Amin Hazi in consideration of arranging a tractor loan, thereby indulging in corruption.

That you arranged the above said tractor loan in violation of lending norms and procedures of the Bank and in gross misuse of your official position, exposing massive funds of the Bank to grave risk and acting against the interests of the Bank. 3.

That you kept FDRs. Issued in your own name as blank to yourself. gain undue pecuniary gain for 4.

That you exceeded your OD limit against CD A/c No. 1/06 frequently. The maturity amount of Rs.23417/2 of CD 1/06 was transferred to FD2 11/06 on 26.8.06, Instead of depositing the amount in your OD A/c where said amount stood an security. You also claimed interest on the said F.D. 11/06 from back date wrongfully.

You did not pay B.C.T.T. while withdrawing an amount 40000/2on 28.08.06 from the said OD A/c.

That you mentioned excess mileage in your T.Ε. Bill dated 13.09.06 in order to acquire undue pe2 cuniary gain for yourself.

That your working as Manager, Bhinguri Branch has been grossly deficient as the progress of the branch was also poor.

That you had been habitual of staying away from duly without properly handing over custodian keys to the next officer.

By the above acts of yours, you have committed gross misconduct under regulations 17 and 19 read with regu2 lation 38(1) of Gurgaon Gramin Bank (Officers & Em2 ployees) Service Regulations 2001.

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! "SUBMISSIONS BY THE C.O:

Sir, I have already admitted the charges voluntarily and unconditionally. I also humbly submit that I have already submitted photocopy of affidavit of Sh. Amin vide which he has withdrawn his complaint against me. I fur2 ther submit that after revocation of my suspension, I had joined Malab Branch as Manager in December 2006. At that time the internal work of the Branch was in poor shape Balancing work of Malab branch was pending. Our current Account with Syndicate Bank was not taillied. Now as on June 2007 1.e. in about 6 months of my joining the Branch all the pending balancing work has been up2 dated. Our account with syndicate bank has been recon2 ciled. Malab Brach has achieved five out of six quarterly targets as on June 2007. I assure that in future I will con2 tinue to work with the honesty, faithfulness and sincerity for the Bank. I humbly request you to take the matter leni2 ently this time.

Sir, I have learned from past follies and assure you that I will not give any chance of complaint in future. With this I close my submission.

Sd/2 C.O:

0 Sd/2 Sd/2 Sd/2 CO MR EO At this stage when versions of both Management and defence stand closed, I have no option but to close this enquiry. Both M.R. and C.O. have the option to sub2 mit written arguments to me on the enquiry proceedings but both of them have declined to submit any written ar2 guments. Accordingly now at 3.0 P.M. of the day the de2 partmental enquiry into the above charge sheet No. CS2 03/BR220/IRD/2007 dated 05.06.2007 issued to Sh. S.K. Verma stands closed.

Sd/2 Sd/2 Sd/2 Sd/2 EO CO MR EO Today's enquiry proceedings from page No. 1 to 3 have been typed by me.

Sd/2 (ANIL GUPTA) TYPIST Today's enquiry proceedings from page No. 1 to 3 have been received by me.

Sd/2 Sd/2 CO MR"

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! "I have carefully reconsidered the matter of Charge2

+ sheet No.CS203/BR220/IRD/2007 Sheet dated 05.06.2007 issued to Sh. S.K. Verma (C.O.) with reference to the related material in the wake of personal hearing then to him. I find that the contentions made by Sh. Verma in the personal hearing are not satisfactory/ tenable in the light of evidence brought on record of the departmental enquiry as well as his own voluntary and unconditional admission of charges. I find that the punishment proposed by me vide my letter No. 241: CS203/07: IRD: 2009 is commensurate with the gravity of misconduct proved against Sh. S.K. Verma. There are no extenuating grounds before me to reduce/waive the penalty already proposed by me.

Accordingly, under regulation 38 (1) (b) (iii) read with regulations 17,19 and 38 of Gurgaon Gramin Bank (Officers & Employees) Service Regulations 2001. I hereby impose the following penalty on Sh. S.K. Verma following order. (C.O.) and pass the following order.

ORDER

SH. S.K. VERMA, OFFICER EMP.NO.362, BE AND IS HERE COMPULSORILY RETIRED FROM THE SERVICES OF THE BANK WITH IMMEDIATE EFFECT If Sh. S.K. Verma, so desires, he may prefer an appeal against the above penalty to the Board of Directors of the Bank within 45 days of receipt of this order.

Sd/2 CHAIRMAN (DISCIPLINARY AUTHORITY)"

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) , ! "The petitioner claims that he has been compulsorily retired on 15.12.2009 but the provident fund, pension and gratuity, as per the regulations of the bank, have been withheld without any sufficient reason. In this context, the petitioner has already sent a legal notice dated 29.10.2013 (Annexure P210) to the Chairman, Gurgaon Gramin Bank, Gurgaon.

Without expression of any opinion on merits of the case, I deem it appropriate to dispose of this petition at this stage with a direction to the Chairman, Gurgaon Gramin Bank, Gurgaon to consider the claim of the petitioner in legal notice dated 29.10.2013 (Annexure P2

10) within a period of one month after the receipt of a certified copy of the order, by passing a speaking order, taking into consideration the relevant regulations, applicable to the service conditions of the petitioner. In

9 case the petitioner is held entitled to the pension, provident fund and gratuity etc., the said benefits be released to him within a period of next one month. It is further directed that the ratio of ruling in UCO Bank and others vs. Anju Mathur (LPA No. 566 of 2012 decided on 7.3.2013) will also be taken in to consideration.

December 17, 2013 Sd/2 JUDGE"

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/ ! "SARVA HARYANA GRAMIN BANK HEAD OFFICE: DELHI ROAD ROHTAK DAC Ref No.HO/DAC/CS203/07/2014/434 Dated: 01.03.2014 Sh. S.K.Verma H.No.A/38/R New Colony Palwal Sub: Forfeiture of your gratuity Ref: Civil Writ Petition NO.27752 of 2013 filed by you in Punjab & Haryana High Court.

This is with reference to the show cause notice NO.HO/DAC/CS203/07/2014/196 dated 05.02.2014 issued to you in the above matter and your reply dated

2 18.02.2014 to the said show cause notice.

The undersigned, in his capacity as competent Authority, has considered all aspects of the matter in the light of your reply to the show cause notice date 05.02.2014. It is observed that the Hon'ble High Court of Punjab and Haryana has not passed any judgment, under the cited CWP, on your compulsory retirement from services of erstwhile Gurgaon Gramin Bank effected vide order dated 15.12.2009, much less terming the compulsory retirement as illegal, as contended by you. As such there is no observation of the Hon'ble High Court on the charges leveled against you vide charge sheet dated 05.06.2007 including the following charges which constitute moral turpitude on your part:2

1. Extorting bribe from one Sh. Amin Hazi for arranging a tractor loan to him and the irregularities committed by you in arranging the said loan. (Details given in the charge sheet).

2. Wrongful encashment of F.D,s by you. (Details given in the charge sheet)

3. Your making wrongful pecuniary gain through your O.D account. (Details given in the charge sheet).

4. Your making wrongful pecuniary gain through false T.E Bill. (Details given in the charge sheet). As such, your reply to the show case notice dated 05.02.2014 is far from the facts and thus is not convincing and tenable.

Accordingly, this is to inform you that your gratuity stands forfeited under section 4 (6) of payment of gratuity act21972 on account of acts of moral turpitude on your part.

Sd/2 General Manager"

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2B* ! "(6) Notwithstanding anything contained in sub2 section (1) (a) The gratuity of an employee, whose service have been terminated for any act, willful omission or negligence causing any damage or loss to, belonging or destruction to of property the employer, shall be forfeited to the extent of the damage or loss so caused.

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