JUDGMENT :

A.K. RATH, J.

1. This is a plaintiff's appeal against confirming judgment in a suit for declaration that the enquiry report as well as the order of dismissal from service is void, non-existent and he is deemed to be continuing in service.

2. The plaintiff was appointed as a Probationary Officer in the Indian Overseas Bank, Rayagada (Bank) on 15.4.1975. He was deputed as a Manager, Puri Gramya Bank. While functioning as the Manager, Sahidnagar Branch, he was placed under suspension on 9.5.1983. The following charges were framed against him for certain acts of omission and commission.

"ARTICLES OF CHARGE :

You had contravened Regulation 3.1 and 3.3 of Indian Overseas Bank Officer Employees (Conduct) Regulations 1976 a breach of which would amount to a misconduct in terms of Regulation 24 thereof. The said regulations are extracted below:

3.1 : Every Officer employee shall, at all times take all possible steps to ensure and protect the interests of the bank and discharge his duties with utmost integrity, honesty, devotion and diligence and do nothing which is unbecoming of a