JUDGMENT :

Madan B. Lokur, J.

1. This appeal raises an interesting question of law on access to justice in a departmental inquiry. In our opinion, the respondent (Rajendra Shankar Shukla) was not given a fair opportunity to defend himself by denying him financial resources. On the merits of the case also, we are of the view that the impugned judgment and order of the High Court does not call for any interference.

2. The allegation against Shukla was that while in charge of the extension counter of the UCO Bank from 3rd October, 1987 to 8th July, 1994 he issued a cheque on 25th January, 1991 for an amount of Rs.3 lakhs in favour of his brother. At that time, Shukla had only about Rs.1,000/- in his account. We are only concerned with this broad allegation.

3. Shukla was issued a charge sheet on 20th May, 1998 (after about 7 years) by the respondent (Bank) under the provisions of the UCO Bank Officer Employees’ (Conduct) Regulations, 1976. The articles of charge against Shukla were as follows:-

(I) Shri R.S. Shukla issued/got issued a cheque on his joint account without making any arrangement of adequate balance and intention to honour it, only to cause wrongful benefit to his relative, at