IMPORTANT POINT
The court upheld the disciplinary proceedings and the dismissal of the petitioner from service, finding the impugned orders justified in law.

JUDGMENT :

1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :

“It is, therefore, respectfully prayed that this writ petition may kindly be accepted and

I. by an appropriate writ, order or direction -

I/a. Order of the Disciplinary Authority dated 10.06.2000 (Ann.24) and Appellate Order dated 10.01.2002 (Ann.32) may be declared to be invalid and be quashed with all consequential benefits;

I/b. further the Hon’ble Court be pleased to direct not to hold de-novo enquiry against the Petitioner.

II. Any other appropriate writ, order or direction as may be considered proper in the facts and circumstances of the case may kindly be made.

III. Cost of the writ petition be allowed to the Petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that while the petitioner was posted as Manager in Losing Branch of the respondent-Bank, he faced the charges of unauthorized absence from duty on 12.12.1985 and with regard to distorting the Bank’s record so as to prove fictitious his presence in the Bank on that date; giving false report about his presence, the petitioner allowed one Shri U.P. Gaur on 18.11.1985 to tamper with the Bank’s record and gave a false T.A. bill of Rs.596/- claiming a sum of Rs.216/- out of the same under the head of transporting household goods by truck; on the said charges, a charge sheet was issued on 25.03.1986 against the petitioner. The petitioner filed a reply and denied the same.

2.1. Thereafter, the Inquiry Officer was appointed and the petitioner raised an objection regarding the process of the inquiry, whereafter the Inquiry Officer submitted his report on 23.03.1987 before the Chairman of the respondent-Bank; copy of the report and the show-cause notice was served upon the petitioner vide letter dated 30.04.1987, and the petitioner submitted his reply on 11.05.1987 and also appeared before the Chairman.

2.2. Thereafter, the Chairman of the respondent-Bank passed an order dated 18.06.1987 for removal of the petitioner from the services. Being aggrieved of the same, the petitioner filed an appeal before the Board of Directors, but the same was dismissed vide order dated 18.08.1988. The petitioner thereafter filed a writ petition (S.B.C.W.P. No. 3253/1988) before this Hon’ble Court, which was disposed of vide order dated 03.08.1999, quashing the aforesaid removal of the petitioner from services, whereafter, the respondents vide order dated 19.08.1999 reinstated the petitioner in service, in accordance with the aforesaid order dated 03.08.1999.

2.3. Subsequently, the Disciplinary Authority vide order dated 29.08.1999 issued a show cause notice to the petitioner seeking his explanation as to why proposed punishment should not be imposed upon the petitioner, to which the petitioner submitted his reply. Thereafter, the Disciplinary Authority vide impugned order dated 10.06.2000 dismissed the petitioner from service, while also denying him the back-wages for the period from 18.06.1987 to 19.08.1999. Against the same, the petitioner preferred an appeal before Board of Directors, which was dismissed on 10.01.2002.

2.4. Thus, being aggrieved of the impugned orders dated 10.6.2000 and 10.01.2002, the present petition has been preferred claiming the afore-quoted reliefs.

3. Learned counsel for the petitioner submitted that the petitioner was not allowed to avail services of one Shri Changanlal Kothari to put forth his defence during the inquiry proceedings, and therefore, the proceeding must fail on that ground alone. It was further submitted that the Inquiry Officer did not apply his mind, while conducting the inquiry, which is highly illegal and violative of the Constitution of India.

3.1. Learned counsel further submitted that the entire inquiry proceeding should be vitiated on the ground that no fresh statement of the witnesses was recorded after the order dated 03.08.1999 passed by the Hon’ble Court in the aforem