PANCHMAHAL VADODARA GRAMIN BANK Vs. D.M. PARMAR

JUDGEMENT

(1.) These are two appeals filed by way of special leave under Article 136 of the Constitution of India against the common order dated 5.8.2005 in Letters Patent Appeals No. 1736/2004 and 1869/2004 passed by the Division Bench of the Gujarat High Court.

(2.) The facts briefly are that D.M. Parmar was appointed in Panchmahal Vadodara Gramin Bank, 'the Bank' for short, as an officer by order dated 16.4.1988. He joined the bank on 25.4.1988 and was confirmed in service on 9.5.1991. He worked as a Manager at Chundadi branch of the bank during 25.3.1996 to 21.6.1997 and during this period he had granted advances, renewed various loan accounts and extended more finance to the borrowers under Crop Loan Scheme. A show cause notice dated 15/20.5.1999 was issued to him to show cause why disciplinary action should not be initiated against him for various acts of omission and commission committed during his posting as a Manager of Chundadi branch of the bank during the period 25.3.1996 to 21.6.1997. He replied saying that he was not fully experienced in handling a big branch and in discharging duties as a Branch Manager and the acts of omission and commission were on account of his inexperience. The reply furnished by him was not accepted by the bank and a charge-sheet dated 20,26.4.1999 was issued to him alleging various acts of misconduct committed by him. He submitted his reply dated 2.5.2009 and denied the charges. An Enquiry Officer was appointed to conduct the enquiry and the Enquiry Officer submitted his findings in his report dated 30.10.2000 holding that D.M. Parmar is guilty of most of the charges. The disciplinary authority thereafter gave an opportunity to D.M Parmar to make a representation against the findings of the Enquiry Officer and he submitted his representation. The disciplinary authority granted a personal hearing to him to show cause as to why the proposed punishment of dismissal should not be imposed on him. He appeared before the disciplinary authority and prayed that leniency be showed to him. The disciplinary authority, however, passed an order of dismissal dated 6.12.2000.

(3.) D.M. Parmar then carried an appeal against the order of disciplinary authority. The appeal was dismissed by the appellate authority by order dated 17.2.2001. Aggrieved, he filed a writ petition registered as Special Civil Application No. 6260/2001 before the Gujarat High Court. The writ petition was, however, withdrawn on 2.7.2002 by D.M. Parmar to enable him to make a representation to the concerned authority of the bank. He made a representation to the bank against the order of dismissal but the representation was rejected by order dated 6.8.2002.