VIGILANCE MANUAL VOLUME III - AP Online

DECISION -409
(409)
797
Misconduct — acting beyond authority
Bank Manager acting beyond his authority in a
number of instances over a period inspite of
instructions constitutes misconduct under Regs. 3
and 24 of Central Bank of India Officer Employees
(D&A) Regulations.
Disciplinary Authority-cum-Regional Manager vs. Nikunja
Bihari Patnaik,
1996 (2) SLR SC 728
The respondent was an officer of the Central Bank of India.
While he was working as Branch Manager, Paradeep Branch, he
was suspended pending enquiry and 10 charges were framed against
him. In the enquiry some of the charges were established and he
was dismissed from service. The departmental appeal was dismissed
and he filed a Writ in the Orrisa High Court challenging the dismissal
order. The High Court held that the charge of misconduct was not
established and allowed the writ petition.
On an appeal filed by the Bank, the Supreme Court set aside
the judgment of the High Court and held as follows :
(i) Acting beyond one’s authority is by itself a
breach of Regulation 3 of the Central Bank
of India Officer Employees (Discipline &
Appeal) Regulations 1976. It constitutes
misconduct within the meaning of
Regulation 24 and no further proof of loss
is necessary.
(ii) In the case of a Bank, every officer /
employee is supposed to act within the