IMPORTANT POINTS
There cannot be further enquiry without reinstatement.
Medical certificates cannot be disbelieved only for being submitted belatedly.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 10th May, 2012 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jodhpur whereby the Division Bench allowed the appeal preferred by the respondent-M.G.B. Gramin Bank, Pali (hereinafter referred to as the "Bank") and set aside the order passed by the learned Single Judge.

3. The factual matrix of the case is as follows: The appellant was working with the respondent-Bank since 17th February, 1984 as Clerk-cum-Cashier. While in service he remained absent from duty from 11th December, 1989 to 24th October, 1990 (approximately 10 and 1/2 months) without obtaining prior permission of the competent authority. For the said reason he was served with a memorandum on 5th October, 1991 alleging contravention of the provisions of the Marwar Gramin Bank (Staff) Service Regulations, 1980, for the following charges: He remained absent from duty from 11th December, 1989 to 24th October, 1990 without obtaining prior permission from the competent authority; He failed to comply with the orders and directions given to him which were the letters issued asking him to join duty; He remained absent from duty without any reason. On the day of joining he failed to submit medical certificate and submitted the same after much delay.

4. The appellant by his reply dated 23rd November, 1991 disputed the allegations and informed that he was seriously ill between 11th December, 1989 and 24th October, 1990, therefore, the absence was beyond his control; he never intended to contravene any of the provisions of the service regulations. The explanation submitted by the appellant was not accepted by the Disciplinary Authority, who decided to inquire into the charges and appointed one Shri P.R. Agarwal as the Inquiry Officer.

5. During the inquiry the appellant submitted list of seven defence witnesses. However, Inquiry Officer called only two witnesses and refused to call rest of the five witnesses on the ground that the presenting officer of the Bank was ready to answer the questions on behalf of them as may be raised by the appellant. After inquiry the Inquiry Officer submitted report dated 3rd January, 1994, rejecting the testimony of two witnesses as "untrustworthy" and held the appellant guilty for the charges.

6. The Disciplinary Authority, having gone through the report, issued a show cause notice enclosing the copy of the inquiry report as to why the appellant should not be punished for the charges mentioned therein. Finally, after hearing the appellant, the Disciplinary Authority held the charges to be proved and removed the appellant from service by order dated 17th October, 1994. The appeal preferred against the order of the removal was dismissed by the Appellate Authority vide order dated 26th December, 1994.

7. The said orders of the Disciplinary Authority and Appellate Authority were challenged by the appellant before the High Court in Writ Petition No.1702/1995. One of the grounds taken was that the entire inquiry stood vitiated having conducted in violation of principles of natural justice. The Inquiry Officer without having any justifiable reason disallowed the prayer of the appellant to summon five important witnesses. The other ground was that the penalty imposed was disproportionate to the gravity of charges.

8. The learned Single Judge by judgment dated 31st March, 2009 allowed the writ petition, quashed the order of removal and directed the respondent to reinstate the appellant in service with all consequential benefits with following observation: "In the instant case the reason given for not calling the witnesses named by the delinquent employee is absolutely vague and irrelevant. It does not and cannot appeal to the measures and standards of a quasi judicial inquiry that ultimately resulted into removal of the delinquent employee from service. The refusal to call defence witnesses in the manner existin