Uttarakhand High Court
Unknown vs State Of Uttarakhand And Another on 23 December, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:9872
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Single No. 2324 of 2024
23rd December, 2024
Deepak Kumar ........Petitioner
Versus
State of Uttarakhand and another ......Respondents
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Presence:-
Ms. Seema Sah, Advocate for the petitioner.
Mr. J.S. Bisht, S.C. for the State.
Mr. B M Pingal, Advocate for Caveator/respondent no.2.
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Hon'ble Pankaj Purohit, J.
By means of the present writ petition, the petitioner has
put to challenge the order dated 07.11.2024, whereby the petitioner
was placed under suspension by the order of respondent no.2-
Managing Director, Uttarakhand State Co-operative Bank Ltd.,
Haldwani.
2. The petitioner was placed under suspension by the
impugned order for the reason that in violation of Clause 6b and 8e of
Lending Policy, whereby it is clearly prohibited that the Senior Officer
of the Bank would not disburse the loan to his relatives without
approval from the Board, the petitioner disbursed loan to his real
brother.
3. The petitioner, who is Senior General Manager of the
Bank allegedly sanctioned loan of ₹10,00,000/- to his real brother-
Brijesh Kumar and the fund was diverted in his own account and the
said amount was withdrawn on 24.10.2024, therefore, the petitioner
was placed under suspension.
4. Clause 6b and 8e of the Lending Policy is quoted
hereinbelow for ready reference:-
“6b.Restrictions on Grant of Loans & Advances to Officers
and Relatives of Senior Officers of Banks
Proposals for credit facilities to the relatives of senior officers1
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of the bank sanctioned by the appropriate authority will be reported in
the Board when a credit facility is sanctioned by an authority, other
than the Board.”
8e.Delegation of Powers
(i) The Board of Directors delegates specific powers to the
officials, subcommittees at branches and subcommittee at the Head
Office level in the matter of sanction of advances as detailed
hereunder:-
SI No. Authority Lending power (Rs. in
lakh)
1 Chief Managers/Managers of branches up to Rs.3.00 lakh
other than Haldwani Main Branch and
Corporate Branch Dehradun
2 Chief Managers/Managers of Haldwani up to Rs.5.00 lakh
Main Branch and Corporate Branch
Dehradun
3 Sub-Committees for loans at “Garhwal up to Rs.20.00 lakh
Mandal” and “Kumaon Mandal”
constituting : The subcommittees
will dispose of the loan
1.Any one nominated Director, proposals relating to
Chairman the branches of the
respective mandals
2.GM/OSD, member above. The
3.DGM (Credit), member subcommittes will also
be responsible for
4.Any one AGM, member making
5. Branch Manager of concerned recommendation to HO
branch, member-Convener Loan Committee for
disposal of the loan
proposals above
Rs.20.00 lakh.
Saction letters
pertaining to sanctions
of Mandal sub
Committees will be
issued by Loan
Department HO to the
branch concernred.
4 Committee for loans at Head Office More than Rs.20.00
level constituting: lakh up to Rs.1.00
crore.
1.Chairman or Vice Chairman,
Chairman HO Loan committee
will dispose of the loan
2.Chairman or Vice Chairman, proposals within the
Chairman limit prescribed above.
3.General Manager/OSD, member The HO Loan
committee will also be
4.Dy. General Manager, convener responsible for making
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recommendation to
Management
Committee of Board
for disposal of the loan
proposals above
Rs.1.00 crore.
Sanction letters
pertaining to sanctions
of HO Loan Committee
will be issued by Loan
Department HO to the
branch concerned after
written orders from
MD.
5 Management Committee of Board More than Rs.1.00
crore
On receiving
recommendations from
HO Loan Committee
the proposals will be
considered within the
consortium
arrangement with the
member DCSBs after
receiving their consent.
Sanction letter will
only be issued by the
loan department. HO
only after written
orders of the MD on
receiving approval
from the RCS,
Uttarakhand.
5. Learned counsel for the petitioner, however, disputed the
allegations made against the petitioner and submitted that the Board
was not functioning and the information was already sent to the
Managing Director, Loan Committee.
6. Having heard learned counsel for the parties and having
gone through Clause 6b and 8e of the Lending Policy, it is clear to the
open eye that such loan cannot be permitted to be advanced by the
petitioner and he is definitely made infraction of the aforesaid clauses
in the lending policy by sanctioning loan to his own brother.
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7. So far as non availability of the Board is concerned, it is
informed that in the absence of the Board, Administrator has already
been appointed by the Registrar, Co-operative Societies and the
approval can very well be taken from Administrator, who has been
empowered to do all acts on behalf of the Board except appointment.
8. This Court finds force in the submission of learned
counsel for the Bank. As such no case is made out for interference.
9. Accordingly writ petition is dismissed, however,
respondent-Bank is directed to expedite disciplinary proceedings
against the petitioner within a period of four months from today.
(Pankaj Purohit, J.)
23.12.2024
SK4