The dismissal of an employee from service must be in accordance with the principles of natural justice and procedural irregularities.

S. Samsul Hasan, J.

The story is common place and a very usual one, the personas dramatis familiar, a delinquent, a disciplinary authority inquiry officer and an investigator and the grand finals repetitive of similar situations, followed by usual critical appraisal and comments.

2. The petitioner joined the service of the Punjab National Bank in 1946 and in due recognition of his services and unblemished record he was promoted as the Officer-in-Charge of Barbigha Branch in March, 1970. In April, 1971, he was posted as the Officer-in-Charge, Barh Branch, where he continued till July, 1974. In August, 1974, he was transferred to Jharia Branch on a post which was lower in rank than that he was holding at Barh. On 5th November, 1975, he was suspended from service. Thereafter a criminal case instituted against the petitioner culminated in his discharge consequent upon the submission of final form by the police due to insufficient evidence. In the meantime in June, 1977, the petitioner was served with a charge sheet. Thereafter an internal inquiry was conducted by one Ramesh Chandra, Commissioner of Departmental Enquiries, who was not the disciplinary authority. In the said inquiry G.N. Asthana, Inspector of the Bank, was a witness on behalf of the Bank but he did not turn up in spite of repeated requests by the petitioner as well. Ultimately, inquiry was concluded, followed by the dismissal of the petitioner (Annexure 6'). It is now sought that Annexure 6, the ORDER :of dismissal, and the ORDER :dismissing the appeal (Annexure 8), be quashed.

3. Incidentally this is his second odyssey to this Court. The first one culminated in remand by a Bench of this Court in C.W.J.C. No. 25 of 1980 with certain directions. On remand, the penal consequence remained undiluted. Hence, the present application.

4. The changes described by the Bank as grave are set out in Annexure 3' and are 23 in number, broadly based on the report of Shri Asthana. In view of their length and size I am not setting them cut here. Basically the charges relate to acts of impropriety and non-observance of rules and procedures, thereby causing great financial risk to the Bank.

5. The enormity of charges cannot in isolation be a good ground for inflicting punishment on delinquent unless they are proved by the laws of evidence and in accordance with the well-known principles of audi alleram partem. The sheet anchor of the petitioner's submissions are violations of the principle of natural justice and of procedure of such a magnitude that the dismissal of the petitioner is entirely unjustified. Specifically, it was pleaded that there was violation of regulation 6 (3) and 6 (10) of the Punjab National Bank Officer employees (Discipline and Appeal) Regulations, 1977, (in short, 'the Regulations'). Their reproduction, therefore, is a prime requirement.

6. Procedure for imposing major penalties.

(3) Where it is proposed to hold an inquiry, the Disciplinary Authority shall frame definite and distinct charges on the basis of the allegations against the officer employee and the articles of charge, together with a statement of the allegations, on which they are based, shall be communicated in writing to the officer employee, who shall be required to submit within such time as may be specified by the Disciplinary Authority (not exceeding fifteen days), or within such extended time as may be granted by the said Authority, a written statement of his defence.

10. (a) The inquiring authority shall, where the officer employee does wt admit all or any of the articles of charge, furnish to such officer employee a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be proved.

(b) The inquiring authority shall also record an ORDER :that the officer employee may for the purpose of preparing his defence-

(i) inspect within five days of the ORDER :or within such further time not exceeding five days as the inquiring authority may allow, the documen