B.K. Sharma, J.

1. The challenge made in this writ petition is the order dated 22.08.2001 (Annexure XIII) by which the petitioner has been imposed with the penalty of dismissal from service pursuant to a departmental enquiry. The appeal against the said order was preferred by the petitioner on 05.10.2001 but the same having not evoked any response, the petitioner filed the writ petition challenging the same. The petitioner has also challenged the enquiry proceeding including the charge-sheet and the enquiry report. Briefly stated, the facts are as follows.

2. The petitioner while was serving as Officer in the respondent Bank i.e., United Bank of India in the Regional Office, Dibrugarh, was placed under suspension by order dated 14.08.1990 in contemplation of a departmental proceeding. Thereafter he was served with Annexure-II charge-sheet dated 22.02.1992 under Regulation 6 of the United Bank of India Officer/Employees (Disciplinary and Appeal) Regulations, 1976. The charge-sheet running to 9 pages comprised of the charges of excess drawal, irregular sanction and disbursement of term loan accounts causing financial loss to the bank; irregularities in many loan accounts and allowing excess drawal as indicated in the statement enclosed to the charge-sheet; allowing fraudulent transaction in connivance with other officers of the bank; sanctioning of an amount of Rs. 70,000/- to the concerned borrower in gross violation of rules and procedure and without obtaining the required documents; issuance of bank's cash certificate of Rs. 50,000/-, Rs. 45,000/- and Rs. 5,000/- under SB Accounts of the said person etc.

3. In support of the charges a detailed statement of allegations was also furnished.

4. The petitioner without specifically dealing with the charges levelled against him with supporting allegations on which the charges were based, submitted his written statement of defence generally denying the charges without any specific denial of the same. For a ready reference the reply furnished by the petitioner on 25.03.1992 is quoted below :

To,

The Zonal Manager & Disciplinary Authority

United Bank of India

Zonal Office, North Easter Zone

GS Road, Opp. Bora Service Station

Guwahati-781007

Dated 25th March, 1992

Dear Sir,

Reg: Charge-sheet baring your letter

No. ZO/PD/DIR/2284/91-92 dated the 22nd February, 1992

I am shocked and surprised to receive your aforesaid charge-sheet. The alleged charges are wild, baseless, false and frivolous and do not correspond to the real facts and circumstances. I, therefore, unequivocally deny all the alleged charges.

Besides, the charge-sheet is vague and inapplicable in that it has not been mentioned under which provision of the Conducts Regulations I have been charged with. Secondly the First sentence of your aforesaid charge-sheet very clearly demonstrates the closed mind in that a decision has already been taken to proceed against me to impose a major penalty and the invitation to file a reply has been made as an empty formality only.

In view of the foregoing, I would request you to kindly drop the proceedings so as to enable me to get away from the severe mental strain and social ignominy to which I have been unfortunately subjected to.

Yours faithfully,

Sd/-

(Asok Kumar Dasgupta)

Officer,

United Bank of India

Dibrugarh Regional Office,

HS Road, Dibrugarh

5. The disciplinary authority being not satisfied with the reply so furnished, decided to conduct an enquiry into the charges and accordingly appointed the Enquiry Officer and Presenting Officer. After conducting the enquiry following the due procedure, the Enquiry Officer submitted his report. Be it stated here that on conclusion of the evidence etc. both the parties, i.e. the Disciplinary Authority and the petitioner, submitted their written briefs in support of their respective cases. Thereafter the enquiry report dated 12.4.1099 was forwarded to the petitioner by which he was held guilty of the charges except some of the components of the said charges