Court No. - 33
Case :- WRIT - A No. - 11473 of 2020 Petitioner :- Vimal Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shantanu Khare,Sr. Advocate Shri Ashok Khare Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 22.9.2020, whereby petitioner has been placed under suspension. The order of suspension records that while petitioner was posted as Assistant Accountant/ Cashier at Bhogaon/ Bewar Branch of the respondent bank, on 16.2.2019 a sum of Rs. 2,20,573/- was embezzled in collusion with the other employees/ staff. Similar charges of financial embezzlement have been levelled on account of which a total sum of Rs.3,28,95,332/- is alleged to have been lost. Petitioner since has been found prima-facie involved in the act of misconduct as such disciplinary inquiry has been initiated against him and charge-sheet has also been served upon the petitioner, as would be clear from the short counter affidavit filed today in Court.
The order of suspension is challenged primarily on the ground that the accountant responsible for the loss has already admitted his liability and has also deposited a sum of Rs. 10 lakhs with an assurance to deposit the remaining amount.
It is contended that since the Accountant was responsible for the alleged embezzlement and he has already admitted his liability by depositing a sum of Rs. 10 lakhs as such petitioner cannot be proceeded departmentally in respect of the same charge.
Sri Ashok Khare, learned senior counsel has also placed reliance upon an interim order passed by this Court in Writ Petition No. 12583 of 2020 in which the order of suspension allegedly passed on similar allegation has been stayed. The order passed by this Court on 16.12.2020 reads as under:-
"Heard Sri Yogendra Singh Bohra, learned counsel for the petitioner, learned Standing Counsel for the respondent No. 1 and Sri Abhisek Mishra, learned counsel for the respondent Nos. 2 to 4.
The petitioner by means of the present writ petition has assailed the order dated 22.9.2020 passed by respondent No. 2/Managing Director, U.P. Sahkari Gram Vikas Bank Ltd, Lucknow by which he has been suspended.
Sri Yogendra Singh Bohra, learned counsel for the petitioner submits that the suspension order has been passed in mechanical manner. He further submits that from the preliminary inquiry report it is evident that there is no charge against the petitioner for embezzlement of money. In this respect he has relied upon relevant part of the inquiry report which shows that the entry in the account of farmers has been made by Parvesh Kumar Yadav and there was no signature of Branch Manager for closing of accounts. He further placed reliance upon the affidavit given by Parvesh Kumar Yadav in which he has stated that the then Manager Satendra Kumar Singh Rathore had no knowledge about the embezzlement in the account of the farmers. Thus, the submission is that the order impugned is not sustainable and has been passed without application of mind. He further submits that at the most the petitioner can be punished for the negligence in his duties which entails minor penalty.
Sri Abhisek Misra, learned counsel for the respondents-bank submits that the cheques has been signed by the Branch Manager which is evident from the inquiry report. Thus he submits that the petitioner was involved in all these embezzlement and thus the suspension order is justified.
Matter requires consideration.
All the respondents are granted four weeks time to file counter affidavit. The petitioner will have two weeks thereafter to file rejoinder affidavit.
List this case on 10.2.2021.
Until further orders of this Court,the effect and operation of the order dated 22.9.2020 passed by respondent No. 2/Managing Director, U.P. Sahkari Gram Vikas Bank Ltd, Lucknow (annexure-2 to the writ petition) shall remain stayed.
However, it is open to the respondents to proceed with the inquiry. It is needless to say that the petitioner shall co-operate in the inquiry and ensure his presence on each and every date fixed by the inquiry officer."
I have heard Sri Ashok Khare, learned senior counsel assisted by Sri Shantanu Khare, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Abhishek Mishra, learned counsel for the respondent bank.
Alongwith the short counter affidavit, an affidavit of alleged Accountant Parvesh Kumar has been filed wherein he has explained his admission by stating that it was sent under the dictates of Bank Manager. It is therefore apparent that plea of admission of guilt, stated on behalf of the petitioner, is not admitted. The misconduct therefore needs to be inquired into by holding disciplinary enquiry. The allegations against petitioner are otherwise serious. It appears that this aspect was not highlighted before this Court in Writ Petition No. 12583 of 2020 and thus no parity can be claimed by the petitioner. It is otherwise settled that interim orders do not constitute any binding precedent.
As the charge-sheet has already been served, it shall be open for the petitioner to submit his reply and all endeavors would be made by the disciplinary authority to complete the proceedings expeditiously.
Writ petition lacks merit and is accordingly dismissed.
Order Date :- 6.1.2021 n.u.