DISTRICT - 24 Parganas South
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W. P.A No. (W) of 2023
In the Matter of:
An application under Article 226 of the
Constitution of India;
And
In the Matter of:
Barun Kundu, son of Late Binoy Krishna
Kundu residing at Ashray Villa, 428, Deb
Banerjee Road, Kolkata 700039, West
Bengal.
……Petitioner
-VS-
1. The Chairman,
Bangiya Gramin
Vikash Bank, a body
corporate constituted
under Indian Regional
Rural Bank Act, 1976
established as a
Gramin Bank in terms
of provisions of
Regional Rural Banks
Act, 1976, having its
Head Office at
B.M.C.House, N.H.34,
Chuanpur
Berhampore,
Murshidabad–
742101.
2. General Manager
(HR) Bangiya Gramin
Vikash Bank, Head
Office, B.M.C.House,
N.H.34, Chuanpur
Berhampore,
Murshidabad–
742101.
3. Chief Manager (HR)
Bangiya Gramin Vikash
Bank, Head Office,
B.M.C. House, N.H.34,
Chuanpur Berhampore,
Murshidabad
…..RESPONDENTS
To
The Hon’ble Mr. T. S. Sivagnanam, Acting Chief Justice and his companion Justices
of the said Hon’ble Court,
The humble petition of the petitioner above named most respectfully
S H E W E T H:
1. The petitioner is a law abiding and peaceful resident of India.
2. Pathar Pratima Development Block Office maintains one Savings Bank
account bearing number 5450011002651 with Bank’s Ramganga Branch.
Block Development Officer (BDO), Pathar Pratima Development Block
issued one Cheque bearing number 316096 for Rs. 1,87,00,000.00 (Rupees
One Crore Eighty Seven Lakh only) vide his memo no. 665/BDO dated
08.06.2020 advising Ramganga Branch to transfer Rs 5000.00 (Rupees Five
Thousand only) per head to 3740 (Three Thousand Seven Hundred Forty
only) beneficiaries, out of which 1554 (One Thousand Five Hundred Fifty
Four) beneficiary accounts were with Bangiya Gramin Vikash Bank and rest
2186 (Two Thousand One Hundred Eighty Six) beneficiary accounts were
with other Banks.
3. The said remittance was in connection with relief provided by the
Government to the persons affected by a cyclone namely Amphan.
4. As it is gathered, due to poor connectivity issue and pressure from Govt.
Officials to execute the remittance process without any delay, the then
Branch Manager, Ramganga Branch approached Regional Office South 24
Parganas for assistance and mailed the soft copy of the beneficiary list to
them on 12.06.2020. Thereafter, transactions were undertaken in this
regard through execution of bulk NEFT. Head Office received information
on 24.08.2021 from the incumbent Regional Manager, South 24 Parganas
Region regarding refund of excess amount paid to the beneficiaries of
Amphan relief fund in connection with the demand raised by Addl District
Magistrate (Dev), South 24 Parganas vide his Memo no. 84/Con/Dev dated
19.08.2021. Further, ADM (Dev), South 24 Parganas vide Memo no.
89/Cor/Dev dated 21.09.2021 advised the Bank for credit reversal of Rs
1809310.00 (Rupees Eighteen Lakh Nine Thousand Three Hundred Ten
only), which was still pending as on 21.09.2021 as per their record, within
27.09.2021.
5. Accordingly, an amount of Rs 12,35,510.00 (Rupees Twelve Lakh Thirty Five
Thousand Five Hundred Ten only) as outstanding due payable to
Government account as on date 02 03 2022 was refunded debiting Bank’s
Suspense account as per norms to avoid probable reputational loss.
6. Thereafter, the General Manager (HR & DIR) being respondent no. 2 of the
Bank vide mail dated 06.10.2021, advised Chief Manager (Inspection) being
respondent no 1 to submit a report after inspection of transaction details
and incident trail of excess remittance of fund from Savings account bearing
no. 5450011002651 at Ramganga Branch.
7. Accordingly, the then Chief Manager (Inspection) being respondent no.
1.submitted his report on 29.01.2022 from which the following were
observed:
8. Block Development Officer (BDO), Pathar Pratima being respondent no. 4
Development Block maintains a Savings Account bearing no.
5450011002651 at Bank’s Ramganga Branch. BDO. Pathar Pratima
Development Block issued one cheque bearing no 316096 (Memo No.
665/BDO dated 08.06.2020) for Rs. 1,87.00.000.00 (Rupees One crore
eighty seven thousand only) with an advice to the Branch to transfer
Rs.5000.00 (Rupees Five thousand only) each to total 3740 no of
beneficiaries. Out of those 3740 no of beneficiaries, 1554 no of beneficiary
accounts were with BGVB and rest 2186 no of beneficiary accounts were
with other bank.
9. The above remittance was in connection with relief provided by the
Government to the persons affected by a cyclone namely Amphan.
10.Owing to poor connectivity issue at Branch and pressure from Government
Officials for immediate execution, the then Branch Manager of Ramganga
Branch approached Regional Office, South 24 Parganas for assistance and
mailed the soft copy of the list to Regional Office on 12.06.2020. Due to
some error in processing at concerned Regional Office level, NEFT of Rs.
5000.00 was executed twice in 747 no of accounts belonging to 26 different
other Bank branches resulting in excess debit of Rs. 37.35 lakh (Rupees
Thirty seven lakh thirty five thousand only) from the Savings Account no.
5450011002651 of Pathar Pratima Development Block. Regional Manager,
South 24 Parganas Regional Office issued letter on 01.09.2020 to 17 Bank
branches informing the details of the accounts where double credit has
taken place and requested them for recovery of the excess amount ADM
(Dev), South 24 Parganas vide Memo No. 89/Con/Dev dated 21.09.2021
instructed the Bank for credit reversal of Rs. 18.09.310.00 (outstanding
amount as on 21.09.2021) within 27.09.2021.
11.To avoid probable reputational loss to the Bank, an amount of Rs.
12.35.510.00 (Rupees Twelve lakh thirty five thousand five hundred only) as
outstanding due payable to the account (no 8450011002651) as on date
02.03.2022 was refunded debiting Bank’s Suspense account and as per
norms the same had to be provisioned fully after expiring 90 days from
such debit.
12.The then Regional Manager, South 24 Parganas Regional Office and the
then Branch Manager, Ramganga Branch being respondent no. 2 to 4 were
directed by Bank several times in writing to take all out efforts through
extensive follow up with the concerned Bank branches for immediate
refund of the excess payment made and also to take note that Bank will be
compelled to take suitable disciplinary action as would be deemed fit after
expiry of the said 90 days for lapses found on their part.
13.As Disciplinary Authority, have taken submission of petitioner into
consideration and observe that 1. Prima facie, no motivated action was
observed on the part of Sri Barun Kundu being the petitioner and the stated
lapses as observed in his part are deemed to be without vigilance overtone
which has been ratified by the CVO of Sponsor bank.
14. The petitioner has been superannuated from Bank’s service on 31.10.2022
and he was informed vide HO letter dated 20.10.2022 & 28.10.2022
respectively that in conformity with Regulation 45, sub- regulation 3 & 4 of
Bangiya Gramin Vikash Bank (Officers & Employees) Service Regulations,
2010 read with subsequent Amendments, 2013, that although he would
cease to be in service w.e.f the close of business on 30.06.2022, the
Disciplinary Proceeding already initiated against him will continue as if he is
in service until the proceeding is concluded and final order in respect
thereof.
15.As on this date i.e. on 31.12.2022, out of Rs. 37.35 lakh of excess payment
made, Rs 6,22,000.00 (Rupees Six lakh twenty-two thousand only) is yet to
be recovered from those beneficiaries whose accounts were credited twice.
16.Bulk NEFT/RTGS guidelines as issued by Bank vide Circular No. IT/131/2014
dated 05.02.2014 has been violated by Sri Barun Kundu being the petitioner
during execution of bulk NEFT exercised during the period from 12.06.2020
to 24.06.2020. Also, it appears from office records that he failed to intimate
Head Office in time about the excess payment made. Head Office was
informed about the matter after a long delay of one year since the event
happened and a considerable amount of Rs. 5.30 lakh was recovered within
3 Months after Head Office intervention.
17.Considering all logical aspects of the fact, consequential circumstances in
the matter, nature of the lapses occurred, submissions of the petitioner and
also applying my mind independently over the ingredients of documentary
evidences, I, being Disciplinary Authority & Chairman of Bangiya Gramin
Vikash Bank, impose the following Minor Penalty without instituting formal
departmental enquiry on Sri Barun Kundu (EPF-WB/JNG/45267/348), Ex-
Regional Manager, BGVB, South 24 Parganas Regional Office
(superannuated on 31.10.2022): “Recovery from Leave
Encashment/Gratuity as may be due to him, amounting Rs. 4,97,600.00
(Rupees Four lakh ninety-seven thousand six hundred only) as pecuniary
loss caused to the Bank by negligence or breach of orders.”
18.In terms of Regulation 39, 1 (a) (iv) of Bangiya Gramin Vikash Bank (Officers
and Employees) Service Regulations, 2010 read with subsequent
Amendments, 2013 with immediate effect, which I think, will be just,
proper and commensurate with the lapses committed by Sri Barun Kundu,
Charge Sheeted Officer (CSO). If Bank’s loss gets replenished in due course
of time, Bank Authorities at that point of time, may consider returning the
amount fully/partially as the case may be so recovered from Sri Barun
Kundu being the petitioner. However, Sri Barun Kundu (CSO) being the
petitioner has the right to appeal against the order to the Appellate
Authority as per provision 49, 50 & 51 of Bangiya Gramin Vikash Bank
(Officers and Employees) Service Regulations, 2010 read with Amendments,
2013.
19. The Chairman and Disciplinary Authority of the Respondent Bank had
found certain procedural deficiencies/operational lapses in execution of
bulk NEFT procedure undertaken by Appellant, Barun Kundu being the
petitioner in his capacity as the Regional Manager of Bank’s South 24
Parganas Region, in consequence of which Bank has been exposed to the
risk of huge financial loss.
20.Subsequently, reasons for such operational/ procedural lapses were sought
from the appellant through letter vide no BGVB/DIR/6541/2022 dated
19.02.2022. His reply dated 08.03.2022 in this context since found to be
unsatisfactory and hence unacceptable to the Bank and the same was
communicated to him vide letter no. BGVB/HO/DIR/7039/2022 dated
17.03.2022 and letter no. BGVB/HO/DIR/BK/7188/2021-22 dated
24.03.2022 respectively. The Disciplinary Authority examined the roles and
responsibilities of the connected officials in the stated matter have fixed
accountability as per Bank’s extant guidelines.
21. Your petitioner the Respondent Authorities has acted in an arbitrary and
whimsical manner by terminating the service of the Applicant and thereby
a desperate attempt has been shown by the respondents to debar the
Applicant from continuing from his service benefit and face the clouds of
vilification.
22. Your petitioner states that Grievance regarding the Charge Sheet, Certain
procedural deficiencies/operational lapses were observed in exercise of a
bulk NEFT procedure undertaken by you in your capacity being the Regional
Manager of Bank’s South 24 Parganas Region, in consequence of which
Bank has been exposed to the risk of huge financial loss.
23.Your petitioner states that purported act on the part of the Respondent
Authorities is, otherwise, bad in law and as such, the same deserves to be
interfered By this Learned Tribunal.
24. Your petitioner declares that on the self-same fact and on the self-same
cause of action she has not filed any application, writ petition or suit before
any court or any other authorities or any Bench of this Hon’ble Tribunal nor
any such application, writ petition or suit is pending before any of them.
25.The petitioners’ state that the action and inaction on the part of the
respondent authorities is whimsical without any basis and the petitioners
are aggrieved and series of prejudice on account of such action and
inaction.
26.The petitioners state that the circular was issued only to harass the
petitioners.
27. Being aggrieved by the order the petitioner seeks the Hon’ble High Court
at Calcutta, the petitioner begs to prefer this writ application under section
226 of the Constitution of India as stated below:-
GROUNDS
I. FOR THAT Subsequently, reasons for such operational/ procedural
lapses were sought from the appellant through letter vide no
BGVB/DIR/6541/2022 dated 19.02.2022. His reply dated 08.03.2022
in this context since found to be unsatisfactory and hence
unacceptable to the Bank and the same was communicated to him
vide letter no. BGVB/HO/DIR/7039/2022 dated 17.03.2022 and letter
no. BGVB/HO/DIR/BK/7188/2021-22 dated 24.03.2022 respectively.
The Disciplinary Authority examined the roles and responsibilities of
the connected officials in the stated matter have fixed accountability
as per Bank’s extant guidelines.
II. FOR THAT your petitioner the Respondent Authorities has acted in
an arbitrary and whimsical manner by terminating the service of the
Applicant and thereby a desperate attempt has been shown by the
respondents to debar the Applicant from continuing from his service
benefit and face the clouds of vilification.
III. FOR THAT your petitioner states that Grievance regarding the
Charge Sheet, Certain procedural deficiencies/operational lapses
were observed in exercise of a bulk NEFT procedure undertaken by
you in your capacity being the Regional Manager of Bank’s South 24
Parganas Region, in consequence of which Bank has been exposed to
the risk of huge financial loss.
IV. FOR THAT your petitioner states that purported act on the part of the
Respondent Authorities is, otherwise, bad in law and as such, the
same deserves to be interfered By this Learned Tribunal.
V. FOR THAT your petitioner declares that on the self-same fact and on
the self-same cause of action she has not filed any application, writ
petition or suit before any court or any other authorities or any
Bench of this Hon’ble Tribunal nor any such application, writ petition
or suit is pending before any of them.
VI. FOR THAT your petitioner state that the action and inaction on the
part of the respondent authorities is whimsical without any basis and
the petitioners are aggrieved and series of prejudice on account of
such action and inaction.
VII. FOR THAT your petitioner states that the circular was issued only to
harass the petitioners.
28.The petitioners state that further demand for justice will be a futile exercise
giving the past conduct of the respondent authorities.
29.The petitioners state that the respondent authorities should produce
documents in action with the instant proceedings.
30.The petitioners have not filed any other application on the self-same cause
of action before any other Forum or this Court of law as such the relief as
prayed for, in this writ petition, if granted, would afford complete relief to
the petitioners.
31.The instant writ application is treated with extreme urgency as the gratuity
and pension are the fundamental rights of the petitioner and if the
fundament rights are infringed and simultaneously the pension and gratuity
is forfeited then it would effect the livelihood of the petitioner.
32.Unless orders as prayed for herein are passed, the petitioners will suffer
irreparable loss, prejudice and injury.
33.This application is made bonafide and for the ends of justice.
Under the circumstances, the
petitioners most humbly pray
before this Hon’ble Court for the
following orders:-
a. A writ and/or writs in
nature of mandamus to set aside
and/or quash the impugned
order of Grievance regarding the
Charge Sheet : Certain
procedural
deficiencies/operational lapses
were observed in exercise of a
bulk NEFT procedure undertaken
by you in your capacity being the
Regional Manager of Bank’s
South 24 Parganas Region, in
consequence of which Bank has
been exposed to the risk of huge
financial loss. Subsequently,
reasons for such operational/
procedural lapses were sought
from you through letter vide no
BGVB/DIR/6541/2022 dated
19.02.2022. Your reply dated
08.03.2022 in this context since
found to be unsatisfactory and
hence unacceptable to the Bank
and the Same was
communicated to you vide
Tetter no.
BGVB/HO/DIR/7039/2022 dated
17.03.2022 and letter no.
BGVB/HO/DIR/BK/7188/2021-22
dated 24.03.2022 respectively.
Roles and responsibilities of the
connected officials in the stated
matter have been examined and
accountability has been fixed as
per Bank’s extant guidelines at
once.
b. A writ in nature of mandamus to
allow the Applicant to resume/continue his
enjoyment of service right as he was before
the order of the above mentioned charge
sheet.
c. A writ and/or writs in the nature of
the Certiorari do issue directing the
respondent authorities, to certify and
transfer the entire records relating to the
present case to this Hon’ble Court so that the
same can be corrected and rectified and/or
conscionable justice be done to the
petitioners;
d. Ad-Interim order in terms of prayer
(a), (b) and (c).
e. Rule NISI in terms of the prayers
above.
f. IF no cause or insufficient cause is shown
the Rule be made absolute;
g. Such further or other order or orders
be passed and/or direction or directions be
given as this Hon’ble Court may deem fit and
proper;
And The petitioners, as in duty bound, shall ever pray
VERIFICATION
I, Barun Kundu, son of Late ____________, aged about _____ years, by Faith-
Hindu, by Occupation- ___________, residing at
___________________________________________________________________
_ do hereby verify that the statements made in the foregoing paragraphs of this
Application are true to my knowledge and I verily believe them to be true. I have
not suppressed any material facts.
I sign this verification on this day of March, 2023 at the Chamber of the
Learned Advocate-on-Record for the Claimant.
___________________________
Signature of the Applicant
Prepared in my Office
Identified by me;
Advocate.
Date :
Place :
