IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1787 of 2004 RABINDRA NATH SHUKLA, SON OF LATE RAJ KISHORE SHUKLA, RESIDNET OF VILLAGE CHAINPUR, P.O. DEMODARPUR, VIA PATAHI, DISTRICT MUZAFFARPUR. Versus 1. VAISHALI KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR THROUGH THE CHAIRMAN. 2. THE CHAIRMAN, VAISHALI KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR. 3. THE GENERAL MANAGER, VAISHALI KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR. 4. THE SENIOR MANAGER(ESTABLISHMENT), VAISHALI KSHETRIYA GRAMIN BANK, KALAMBAGH ROAD, MUZAFFARPUR. ----------- 05. 26.11.2010 Heard learned counsel for the petitioner and the counsel for the Vaishali Kshetriya Gramin Bank, which is presently named as Uttar Bihar Gramin Bank(hereinafter referred to as the Bank). 2. Petitioner at the relevant time served as Branch Manager in one of the branches of the Bank. He is aggrieved by the order dated 25.2.2003 Annexure-19 passed by the Chairman cum disciplinary authority, whereunder his five increments have been withheld pursuant to charge sheet dated 3.6.2002, Annexure-A to the counter affidavit. He is also aggrieved by the order dated 31.12.2003, Annexure-21, whereunder appeal filed by the petitioner against the punishment order dated 25.2.2003 has been rejected by the Board of Directors of the Bank, which has been communicated to the petitioner by the Chairman of the Bank under letter dated 31.12.2003. Perusal of chargesheet dated 3.6.2002, Annexure-A indicates that petitioner is alleged to have committed various acts of indiscipline on different occasions between 26.2.1997 to 27.10.2001. The details of the incidents have been narrated in the chargesheet. - 2 - 3. The Enquiry Officer having examined the allegations with reference to material exhibit nos.4 to 43, the complaints made by the functionaries of the Bank under report dated 30.11.2002, Annexure-17 found charge nos.1, 3 and 4 proved and charge no.2 partly proved. In this connection, he also considered the statement of the senior officers of the Bank, namely M/s. B.P.Singh, S.N. singh and A.K. Jha. Petitioner disputed the allegations made in the chargesheet and the findings recorded in the enquiry report on the ground that during the period between 26.2.1997 till 27.10.2001 he was under severe mental strain leading to his insanity and the said fact was also known to the authorities of the Bank. In appreciation of the mental condition of the petitioner he was even referred to the mental hospital for treatment and the treatment continued for the period between 6.10.1997 till 30.6.1999 and the acts of indiscipline alleged against the petitioner is on account of mental strain and disorder for which he was treated at Mental Hospital, Kanke, Ranchi after he was diagnosed to have been suffering from mental illness, pursuant to reference made to the Medical Board by the General Manager of the Bank under letter dated 6.10.1997, Annexure-3 wherefrom he was discharged by the Medical Superintendent, Ranchi Institute of Neuro Psychiatrics and Allied Science, Kanke under certificate dated 30.6.1999, Annexure-8. In this connection, learned counsel for the petitioner has also invited my attention to the resignation letter submitted by the petitioner dated 10.9.2001, Annexure-12 which was subsequently withdrawn. It is submitted that the act of submitting resignation letter was also under - 3 - mental strain. 4. This court without going into the correctness or otherwise of the submission of the petitioner about his mental condition, is disposing of this writ petition directing the petitioner to invite the attention of the competent authority of the Bank about his mental condition during the period he is alleged to have committed acts of indiscipline and if the authorities of the Bank are satisfied that petitioner was suffering from mental strain and disorder leading to or bordering insanity, the authorities may pass appropriate orders recalling the punishment imposed on the petitioner. Appropriate order in the light of this order be passed by the competent authority of the Bank, as early as possible, in any case before superannuation of the petitioner, which is scheduled to take place in January, 2012. Rajesh/ (V.N. Sinha, J.)