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| Bank Officer dealing with public funds must act with utmost integrity: HC | | |  Early Times Report
Jammu, May 14: The High Court of Jammu & Kashmir and Ladakh has held that a bank officer dealing with public funds holds a position of trust and is required to discharge duties with utmost integrity, honesty, devotion and diligence.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar made the observation while allowing a Letters Patent Appeal filed by Jammu and Kashmir Bank Ltd against a Single Bench judgment that had quashed the dismissal of former Branch Head Naseer Ahmad Sheikh.
The respondent had served as Branch Head at J&K Bank’s Barzulla and Rangreth branches. He was placed under suspension in March 2021 after the Bank initiated disciplinary proceedings against him for alleged acts of omission and commission, including sanctioning temporary overdrafts beyond his authority.
Two departmental enquiries were conducted against him while he was in service. Though the respondent attained superannuation during the pendency of the proceedings, the Bank continued the enquiries under its service rules and ultimately dismissed him from service with effect from the date of his superannuation.
The Single Bench had earlier set aside the dismissal order, holding that the charges were not sufficiently proved and that the respondent was denied adequate opportunity. However, the Division Bench reversed the finding, observing that the enquiry was conducted in accordance with rules and principles of natural justice.
The Court held that constitutional courts do not sit in appeal over departmental enquiries and cannot re-appreciate evidence unless the findings are perverse, based on no evidence, or suffer from procedural illegality.
The Bench further observed that sanctioning loans or overdrafts beyond authority, or failing to ensure proper end-use of funds, amounts to financial irregularity as it exposes the Bank to financial risk. It said penal action cannot be questioned merely because actual loss may not have been suffered.
Finding that the respondent had indulged in reckless lending and allowed TOD facilities without competent sanction, the High Court restored the dismissal order and dismissed his writ petition. (JNF) |
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