Ref. No. : HO/VIG/P-700/C-20/(2011-12)/145-A Date: 20.06.

2012

Shri Brajendra Kumar Mishra, Staff Clerk - Cashier, (under suspension) C/O Khushal Ganj Branch, Distt. Lucknow

MEMORANDUM
I have decided to proceed against you under Regulation 39 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010, in respect of the acts of misconduct alleged to have been committed by you during your tenure as Cashier in Charge at Banks Khushal Ganj branch Distt. Lucknow. Accordingly, I enclose herewith the Charge Sheet bearing reference no. HO/VIG/P-700/C20/(2011-12)/145 dated 20.06.2012. 2. Your attention is drawn to Regulation 35 of the Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010, in terms of which no officer or employee shall bring or attempt to bring any political or otherwise outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service in the Bank. If any representation is received on your behalf from any person in respect of any matter dealt with under this proceedings, it will be presumed that you are aware of such representation and it has been made at your instance and action will be taken against you for violation of Regulation 35 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010. 3. Now further considering the above charges, the undersigned has decided to hold Departmental Enquiry under regulations 2 (g) and 41 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010, in the matter. Further in exercise of the powers conferred under Regulations 2(g) and 41 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010, the undersigned appoints Sh. Vikas Chandra Agarwal, Senior Manager, Gomti Nagar Branch, Lucknow as Enquiry Officer to enquire in to the charges levelled against you. The undersigned also appoints Sh. Rajendra Prasad Verma, Senior Manager, Head Office, Lucknow, as Presenting Officer in terms of aforesaid regulations, to present the Banks case in support of the charges framed against you. I enclose herewith the copy of orders of appointment of the Enquiry Officer and Presenting Officer, bearing reference No. HO/VIG/P700/C-20/(2011-12)/146 dated 20.06.2012, and HO/ VIG/P-700/C-20/(2011-12)/147, dated 20.06.2012, respectively. The Enquiry Officer shall, by notice in writing, fix date, time and place on which the enquiry against you shall commence. You are hereby directed to remain present before the Enquiring Authority on the date, time and place fix by him, failing which the Enquiry may be held Ex-Parte. You are hereby, notified that in the Enquiry you will be permitted: (i) (ii) (iii) to submit your explanation in writing to answer the charges levelled against you vide this Charge- Sheet. to produce witnesses and other documentary evidences in support of your defence. to cross-examine, any witness / witnesses and document/s produced in support of the charges.

Please sign and return the duplicate and triplicate copies of this memorandum in token of having received the original along with the enclosures and noted its contents. Encl. as above CHAIRMAN & DISCIPLINARY AUTHORITY

Ref.No.HO/VIG/P-700/C-20/(2011-12)/145 Date- 20.06.2012 Shri Brajendra Kumar Mishra, Staff Clerk- Cashier, (under suspension) C/O Aryavart Gramin Bank, Khushal Ganj Branch, Distt. Lucknow P.F. No. 964 CHARGESHEET

Acts of misconduct, as mentioned hereunder, are alleged to have been committed by you during your tenure as Staff Clerk-Cashier at Banks Khushal Ganj Branch, Distt. Lucknow, during the period from 25.04.2008 to 08.11.2011. CHARGE- I You have grossly acted in detriment to the systems and procedures of the Bank, which has resulted in shortage cash of Rs.28,46,477/-, detected on 08.11.2011, in as much as; i) ii) iii) iv) You failed to put your initials on the dual cash control book of the Branch while withdrawing and lodging of the cash in safe during the period from 01.08.2011 to 05.11.2011. You have also grossly violated the norm of maintaining bait money of the appropriate denomination in the Banks vault for safety reason. You failed to maintain Cash Receipt Book and Cash Payment Book at the Branch. You did not comply with the Banks guidelines and were withdrawing the entire amount of cash kept in the cash safe, without following the norms for cash retention limit as narrated herein under; Sl.No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Date 01.08.2011 02.08.2011 03.08.2011 11.08.2011 12.08.2011 06.09.2011 07.09.2011 26.09.2011 13.10.2011 24.10.2011 03.11.2011 05.11.2011 Amount of Cash in Cash Safe (Rs.) 8,12,668.00 10,83,468.00 10,23,377.00 18,49,577.00 18,02,157.00 12,51,717.00 7,31,917.00 41,18,862.00 9,36,282.00 21,79,865.00 27,74,527.00 27,68,877.00 Amount drawn from Cash Safe (Rs.) 8,12,668.00 10,83,468.00 10,23,377.00 18,49,577.00 18,02,157.00 12,51,717.00 7,31,917.00 41,18,862.00 9,36,282.00 21,79,865.00 27,74,527.00 27,68,877.00

In the aforesaid manner, you failed to adhere to the directions of the Bank, acted negligently and dishonestly and breached Regulations 18 & 20 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010 and have committed acts of misconduct under Regulation 39 of the said regulations. CHARGE- II On 05.11.2011, at the close of business hours, you have entered in to the strong room along with Sh. Ajay Kumar, casual labour, who was holding the Managers cash safe key unauthorisedly for lodging the days cash in the safe, but while lodging the cash you conspired with Sh. Ajay Kumar, which has resulted in shortage cash of Rs.28,46,477/- from the Banks cash safe. The same was detected on 08.11.2011, the Bank being closed during the period from 06.11.2011 to 07.11.2011. You, in fact....2

(2)

Ref.No.HO/VIG/P-700/C-20/(2011-12)/145 Date- 20.06.2012

(i)

(ii) (iii)

(iv) (v)

(vi)

had opened the cash safe with the help of your (Cashiers) cash safe keys and Managers cash safe master key, which was in the possession of Sh. Ajay Kumar and thereafter put the cash worth Rs.28,46,477/-, in polythene bags. instructed the said casual labour Sh. Ajay Kumar to hide those polythene bags under the table, which was kept in the strong room. did not apply cashiers keys in the cash safe. Sh. Ajay Kumar, casual labour also on your advice did not apply Managers cash safe master key, to get the days cash lodged in the cash safe and both of you left the strong room leaving behind the cash safe unlocked. also did not lock the strong room and left it with said Sh. Ajay Kumar, leaving the strong room unlocked. along with Manager, Sh. H.L.Yadav, left the branch at around 3 p.m., leaving behind the Branch opened and at the disposal of said daily wager Sh. Ajay Kumar, who was present in the branch at that time. ensured that on 08.11.2011,early morning said Sh. Ajay Kumar opened the branch and removed those polythene bags from the strong room containing cash and hid them in his th th village Maunda, Distt. Lucknow, 6 and 7 November 2011 being holidays. An amount of Rs.27,44,000/- was recovered by Police on 16-11-2011.

Your above act of aiding and abetting the casual labour, Sh. Ajay Kumar to take away Banks cash of Rs.28,46,477/-, if proved, would amount to acts of misconduct, in terms of Regulation 39 of Aryavart Gramin Bank (Officers and Employees) Service Regulations, 2010, as you have breached Regulation 18 and 20 of the said Regulations. Regulation 18, 20 and 39 read as under: Regulation 18 Every officer or employee shall conform to and abide by these Regulations and shall also observe, comply with and obey all orders and directions which may, from time to time be given to him by any person or persons under whose jurisdiction, superintendence or control he may for the time being, be posted. Regulation 20 Every officer or employee shall serve the Bank honestly and faithfully, and shall use his utmost endeavour to promote the interests of the Bank and shall show courtesy and attention in all transactions and dealings with officers of Government, the Banks constituents and customers. Regulation 39 Without prejudice to foregoing regulations of this Chapter, an officer or employee who commits a breach of these regulations or who displays negligence, inefficiency or indolence or who commits acts detrimental to the interest of the Bank or in conflict with its instructions, or who commits a breach of discipline or is guilty of any other acts of misconduct, shall be liable for any one or more penalties as follows.

CHAIRMAN & DISCIPLINARY AUTHORITY