The Madras High Court Bench here has set aside an order passed by Pandyan Grama Bank dismissing from service a branch manager and a cashier for having misappropriated Rs.6,200 by issuing a loan of Rs.7,000 for a jewel worth only Rs.800.
Disposing of individual writ petitions filed by the manager, I. Shahul Hameed, and the cashier, V. Ganesan, through a common order, Justice S. Nagamuthu directed the bank to impose on them any punishment other than dismissal, removal from service and compulsory retirement.
The judge held that the dismissal order was bad in law since the Board of Directors, which was the appellate authority, had been influenced by the opinion of the Chief Vigilance Officer who had steadfastly opposed imposition of any punishment lesser than dismissal from service.
He pointed out that the Board had initially decided to modify the punishment imposed by the disciplinary authority after obtaining the opinion of the CVC. However, when the CVC gave a negative opinion, the Board chose to refer the matter once again to the CVC seeking a fresh opinion. The second time too, the CVC chose to oppose imposition of lesser punishment on the writ petitioners. Hence, the Board discussed the issue for the third time and then decided to confirm the punishment of dismissal of service ordered by the disciplinary authority.
Therefore, “there are enormous materials to conclude that the final decision taken in the third meeting of the appellate authority was on account of the dictate of the Chief Vigilance Officer’s advice,” the judge said, and directed the bank to reinstate them within four weeks.