( 1 ) BY means of filing this petition under Art. 226 of the constitution of India, the petitioner, i. e. , Mr. Hasmukhlal Vadilal Shah, ex-Manager, krishi Bazar Branch of Bank of India, Rajkot, has challenged legality and validity of order dated March 20, 1990 passed by the Zonal Manager and disciplinary authority dismissing the petitioner from service and the appellate order dated november 1, 1990 passed by the Deputy General Manager and Appellate Authority confirming the order dismissing the petitioner from service.

( 2 ) THE petitioner was appointed as a Clerk in Bank of India in the year 1964. The petitioner was promoted as an Officer in the year 1971. Thereafter the petitioner was promoted to the post of Officer Grade-II in the year 1981. During the relevant period, i. e. , 1985-86 the petitioner was working as Manager at Krishi Bazar Branch, rajkot.

( 3 ) SERIOUS irregularities and misconducts were reported to have been committed by the petitioner while working as Manager, Krishi Bazar Branch from December 13, 1985 to September 20, 1986, Appropriate disciplinary proceedings were contemplated to be initiated against the petitioner for those irregularities and misconducts. Under the circumstances, Zonal Manager, Gujarat Zone and competent authority in exercise of powers conferred on him by Regulation 12 (1) (a) of the Bank of India Officer Employees (Conduct) Regulations, 1976 ("regulations" for short) placed the petitioner under suspension from service vide order dated December 29, 1986. As it was decided to hold departmental inquiry against the petitioner, the Zonal manager, Gujarat Zone and Disciplinary Authority served the petitioner with Articles of Charge and Statement of Allegations in support of Articles of Charge together with a forwarding letter dated June 22, 1987. The charges levelled against the petitioner in brief were as under :- (1) The petitioner engineered truck loans in collusion with middlemen and sanctioned truck loans to borrowers who were not residents of Rajkot. (2) The petitioner abused official position to accommodate one Mr. M. K. Rajani, a borrower of the Branch, to the detriment of Banks interest and wilfully caused wrongful gain to him. (3) The petitioner engineered misutilisation of Banks funds in collusion with one mr. Rameshchandra Dhirajlal Shah thereby exposing the Bank to serious financial loss. (4) The petitioner wilfully misutilised and/or defrauded Banks funds and government subsidy in collusion with the dealer by sanctioning and disbursing loans. (5) The petitioner defrauded Government subsidy and misutilised Banks funds in collusion with the borrower/supplier in 8 District Industries Centre cases. (6) The petitioner engineered a loan in the name of one Mr. M. T. Ghavri, a fictitious person with fictitious guarantor of Mr. M. A. Jagwani by disbursing it to one M/s. Melashi Agencies. (7) The petitioner allowed misutilisation of Banks funds and derived wrongful pecuniary advantage in the matter of loan sanctioned to one Mr. J. N. Malia for a fictitious purpose; and (8) The petitioner abused official position to show undue favour to M/s. Donald machines Pvt. Ltd. to the detriment of Banks interest.

( 4 ) THE petitioner was called upon to offer explanation regarding the irregularities/misconducts allegedly committed by him. The petitioner denied the allegations by filing Written Statement. The explanation offered by the petitioner was not found to be satisfactory and acceptable. Under the circumstances, the Zonal manager, Gujarat Zone and Disciplinary Authority vide his orders dated February 10, 1988 and February 15, 1988 appointed Mr. S. R. Tendulkar as inquiring authority to enquire into the charges framed against the petitioner. The petitioner was given opportunity to inspect the original documents, which opportunity was availed of by the petitioner. At the departmental inquiry, 43 witnesses were examined to substantiate the charges levelled against the petitioner an