P.K.BALASUBRAMANYAN, H.K.SEMA
Suresh Pathrella – Appellant
Versus
Oriental Bank of Commerce – Respondent
JUDGMENT
H.K.SEMA,J
Leave granted.
The challenge in these appeals is to the order dated 7.12.2005 passed by the Division Bench of the High Court of Delhi, whereby the appeal preferred by the respondent-bank was allowed by setting aside the order dated 28.4.2005 of the learned Single Judge passed in W.P.( C ) No.6805 of 2002.
We have heard the parties.
The appellant was appointed by the respondent-bank as Officer Grade Scale-I. Thereafter, he was promoted to Officer Grade Scale-II, Scale-III and Scale-IV. At the relevant time, he was working as Chief Manager at Gurgaon branch of the respondent-bank.
By an order dated 23.12.1995, the appellant was placed under suspension in contemplation of the drawing up of the disciplinary proceedings. By the memorandum dated 20th August, 1998 he was served with the charge memo on the ground that he has violated Regulation 3(1) of Oriental Bank of Commerce Officer Employees (Conduct) Regulations, 1982 ( in short the Regulations, 1982).
The statement of imputation of misconduct in respect of article of charge framed against the appellant are as follows:-
"Sh.Suresh Pathrella, Chief Manager (under suspension) while posted and functioning as
Incu
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