Violation of principles of natural justice due to the failure to discuss the petitioner's defense in the disciplinary proceedings.

1. Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the Respondents.

2. The petitioner in the present writ application seeks quashing of the order dated 31.03.2008 passed by the Assistant General Manager (Disciplinary Authority), UCO Bank, Bhagalpur whereby he has been compulsorily retired by way of punishment. The petitioner also challenges the order dated 28.07.2008 passed by the General Manager, Personnel Service (Appellate Authority) whereby the petitioner’s appeal against the said order of compulsory retirement has been rejected.

3. Facts of the case which are not in dispute are that a disciplinary proceeding was initiated against the petitioner with the issuance of chargesheet on 10.02.2007. The petitioner was charged of having fraudulently withdrawn certain amount from the account of a dead account holder and deposited such fraudulently withdrawn amount in the account of his daughter Rina Kumari. The petitioner at the relevant point of time was posted as a Substaff in Bonshi branch of UCO Bank.

4. From the reading of the chargesheet, it will appear that the petitioner was charged of having withdrawn a total sum of rupees one lac thirty five thousand in this manner and he is said to have confessed his guilt and accepted to deposit the said amount in the Bank. Altogether 5 charges were framed against the petitioner referring to different transactions. The petitioner submitted his written statement of defence denying the charges. The disciplinary proceeding thereafter commenced. The enquiry officer submitted his report which was communicated to the petitioner by letter dated 31.10.2007 by the disciplinary authority, seeking his comments.

5. The enquiry officer found three of the five charges levelled against the petitioner proved and two i.e. number 3 and 4 not proved. The petitioner submitted his comments on the report of the enquiry officer vide his letter dated 17.11.2007 to the disciplinary authority, again denying the charges and countering the findings of enquiry officer. Thereafter, vide letter dated 31.03.2008, the disciplinary authority communicated to the petitioner its final order imposing punishment of compulsory retirement. The petitioner thereafter preferred an appeal before the appellate authority i.e. the Deputy General Manger (Personnel) UCO Bank, Head Office, Kolkata. The appellate authority vide its order dated 28.07.2008, communicated to the petitioner by letter dated 31.07.2008, rejected the petitioner’s memo of appeal.

6. Learned senior counsel appearing on behalf of the petitioner while assailing the impugned orders has contended that the report of the enquiry officer as well as the order of the disciplinary authority reflect no application of mind inasmuch as neither the enqiry officer nor the disciplinary authority has dealt with the defence taken by the petitioner in the disciplinary proceeding. Referring to the enquiry report, learned senior counsel submits that the report suffers from total non-application of mind as it has not even discussed the reasons for reaching to a conclusion as to why the particular charge stood proved and it just refers to the contents of the charge, the comments of the presenting officer and the comments of the defence representative and without dealing with the submission of the presenting officer and the defence representative the enquiry officer has just jumped to a conclusion with four words “above charge is proved”. He further submits that upon service of report of the enquiry officer, as required, the petitioner had submitted his comments dealing in detail as to how the charge on the basis of material available on the records of the disciplinary proceeding could not be said to be proved. He submits, referring to the order of the disciplinary authority dated 31.03.2008 that it does not deal at all with the petitioner’s comments upon the report of the enquiry officer and according to him the order of the discipli