- (1.)The respondent, who at the relevant time was working as a Manager with the appellant Bank was posted at Bhadoi in U.P. from 21st August, 1985 to 27th November, 1986. On the allegations that he had submitted as many as 15 fake hotel bills for Rs.21257.20, the following charge-sheet was served upon the respondent:-
Shri H.N. Wadhwa, Manager (under suspension), Branch Office, Rana Pratap Bagh, Delhi, during his tenure as Manager on deputation at B/O, Badoi, fraudulently claimed payment of TA/DA bills from the bank, during the period 27.02.86 to 27.11.86 by submitting 15 fake hotel bills for Rs 21,257.20 as detailed in enclosed statement of Allegations (Annexure-II). He is, therefore, hereby charged for the same as follows, each charge being independent of the others;

1. For acting in a manner prejudicial to the interest of the bank;

2. For failure to discharge his duties with utmost integrity, honesty and diligence,

3. For failure to ensure and protect the interest of the bank;

4. For acting in a manner unbecoming of an officer of the bank;

5. For acting otherwise than in his best judgment while discharging his duties; and

6. For making unlawful gains by claiming TA/DA bills on the basis of fake hotel bills.

The following was the statement of imputation accompanying the chargesheet:-

"Shri H.N. Wadhwa while functioning as Manager on deputation at Branch Office, Bhadoi (U.P) fraudulently claimed payment of TA/DA bills from the bank during the period 27.2.1986 to 27.11.1986, by submitting fake hotel bills for Rs 21,257.20, purportedly to have been issued by Seth Lodging & Boarding, Gyanpur Road, Bhadoi, whereas there is not hotel at Bhadoi, under the name & style of Seth Lodging and Boarding, Gyanpur Road, Bhadoi."

(2.)In his reply to the charge-sheet, the respondent stated that during the stay at Bhadoi from 21st August, 1985 to 27th November, 1986, he had stayed in the guest house of Shri B.K. Seth and was provided furnished room with breakfast and lunch for which Mr. Seth had charged for him and issued him bills in the name of Seth Lodging & Boarding which he claimed from the Bank.
(3.)Since the appellant was not satisfied with the written statement of defence submitted by the respondent, an inquiry was instituted to go into the charges against him. During the pendency of the inquiry, the following additional charges were served upon the respondent:-
"Being fully aware of the fact that Shri B.K. Seth is one of the partners of M/s Seth Carpets which was granted certain credit facilities by Shri Wadhwa, Shri Wadhwa by misusing his official status obtained from Shri B.K. Seth, the abovementioned fake hotel bills thereby deriving pecuniary gain for himself from the bank in an irregular manner."

However, the respondent was not asked to submit a written statement of his defence to the additional charge and no list of documents or list of witnesses to prove the additional charge was forwarded to the Inquiry Officer or supplied to the respondent, in terms of Regulation 6(3) of New Bank of India Officers Employees' (Discipline And Appeal) Regulations, 1982 which were applicable to the respondent. The charges against the respondent having been held to be proved, the Disciplinary Authority vide order dated 10th June, 1991 imposed penalty of removal of service upon him. The appeal filed by the respondent was dismissed by the Appellate Authority on 19th November, 1991 and the Review Petition filed by him was dismissed on 25th September, 1992.