The main legal point established is the scope of judicial review in departmental enquiry proceedings, emphasizing the principles of natural justice, the authority of the disciplinary officers, and the limitations of the court's interference in disciplinary proceedings.

JUDGMENT

Arindam Mukherjee, J. - The writ petitioner, Murari Sarkar has in this writ petition challenged the final order dated 27th June, 2009 passed by the Executive Director & the Appellate Authority in an appeal preferred by the writ petitioner under the provisions of the Bank of Baroda Officer Employees (Discipline & Appeal) Regulations 1976 (hereinafter referred to as the said regulation). The appeal was filed challenging the order of the Disciplinary Authority dated 31st March, 2009. In appeal the order of the Disciplinary Authority was partially modified.

2. The facts leading to the passing of the Appellate order as against the writ petitioner are as follows:-

(a) Murari Sarkar, the writ petitioner while working as Junior Manager GR-I at Bank of Baroda (hereinafter referred to as the said bank ) and posted at its Burrabazar Branch was served with a suspension order on 27th March, 2008 in contemplation of a disciplinary proceeding under the provisions of the said regulation. The suspension was with immediate effect.

(b) Thereafter on 5th May, 2008 the Deputy General Managerin-Charge of the Zone of the Bank of Baroda issued a show cause letter containing four (4) allegations to be replied within seven days from date of receipt thereof. This letter was replied by the writ petitioner denying all four allegations. The Disciplinary Authority, however, was not satisfied with the reply of the writ petitioner and as such a disciplinary proceeding was initiated against Mr. Sarkar by issuance of Memorandum on 25th August, 2008 accompanied by a Statement of Allegations and Articles of Charge. Four allegations and five articles of charges were framed against the writ petitioner in the letter dated 25th August, 2008. The writ petitioner replied to the same by his letter dated 17th September, 2008.

(c) Mr. Prabhat Kumar Chatterjee, Senior Manager, ARM Branch of the said bank was appointed as the Inquiry Officer. The Inquiry Officer had set up a preliminary enquiry at 11 a.m. on 27th September, 2008 for appearance and hearing of the petitioner. At the preliminary hearing the writ petitioner denied all the allegations levelled against him and rejected the articles of charges framed which resulted in a full-fledged departmental enquiry proceedings.

(d) On behalf of the bank, Sri T.K. Biswas was appointed as the Presenting Officer (in short P.O.). The said P.O. in the departmental enquiry submitted the documents on which the bank relied upon along with the list of witnesses. The writ petitioner appointed Tridibesh Prasad Nanda, a manager in the said bank as the Defence Representative (in short D.R.) to represent the petitioner at the departmental enquiry.

(e) In course of the inquiry six witnesses Surajit Roy, Somnath Sen, Narendra Nath Dave, Subrata Chatterjee, Amit Das and Rabindra Nath Chatterjee were examined on behalf of the bank and cross-examined by DR on behalf of the writ petitioner. The witnesses were all employees of the bank who had worked or were working with the writ petitioner till his suspension in different branches of the said bank. The writ petitioner also got himself examined and filed his written submission.

(f) The Inquiry Officer submitted his report on 29th January, 2009 holding that the four allegations of the charges have been proved against the writ petitioner.

(g) On 31st March, 2009 the Disciplinary Authority issued an order of dismissal from service against the petitioner, the operative part whereof is as under;

ORDER

In exercise of powers conferred upon me by sub-Regulation 5(3) read with Regulations 4 and 7 of Bank of Baroda Officer Employees (Discipline and appeal) Regulations 1976, hereby order as follows:

"MR. MURARI SARKAR IS HEREBY DISMISSED FROM SERVICE OF THE BANK, WHICH SHALL ORDINARILY BE A DISQUALIFICATION FOR FUTURE EMPLOYMENT WITH EFFECT FROM THE DATE OF RECEIPT OF THIS ORDER."

FURTHER, THE SUSPENSION PERIOD OF MR. MURARI SARKAR TO BE TREATED AS PERIOD NOT SPENT ON DUTY AND HE WILL NOT BE ELIGIBL