BANK OF INDIA Vs. APURBA KUMAR SAHA

JUDGEMENT

(1.) Leave is granted. Learned counsel on both sides are heard.

(2.) Order of orissa High court setting aside the order made by the appellant-Bank of India discharging the respondent from its employment has been impugned in this appeal.

(3.) In the year 1981, the appellant-Bank ordered a departmental enquiry against the respondent, who was a Clerk-cum-Cashier in its Suliapada Branch in accordance with clause 19.5 (j) of the First Bipartite Settlement dated 19/10/1966. The respondent was called upon by the Enquiry Officer to answer the charges of misconduct levelled against him. The respondent, instead of filing a written explanation answering the charges, denied them orally. He did not cross-examine the witnesses of the Bank as and when each of them was examined-in-chief. He wanted the Enquiry Officer to complete the examination-in-chief of all the Bank's witnesses and make them available for cross-examination at once. Since the Enquiry Officer wanted the respondent or his representative to cross-examine the witnesses of the Bank as and when each of them was examined-in-chief, both of them boycotted the inquiry. The copies of the evidence of Bank's witnesses recorded by the Enquiry Officer in the absence of the respondent and his representative, were, however, sent to the respondent and his representative. Thereafter, the Enquiry Officer also sent letters to the respondent and his representative to file his written arguments, if any. Recorded evidence and letters of the Enquiry Officer although received by the respondent and his representative, they did not respond. The Enquiry Officer prepared his report of inquiry, on the basis of evidence recorded by him. In that report he found the respondent guilty of the charges levelled against him and sent the same to the Disciplinary Authority. The Zonal Manager, orissa Zone, who was to act as Disciplinary Authority, agreed with the findings of the Enquiry Report. Consequently, he issued a show- cause notice to the respondent calling upon him to show cause as to why he should not be dismissed from the Bank's service on the basis of the Inquiry findings which were accepted by him. In the reply sent to this show-cause notice, the respondent requested for exonerating him from the charges levelled against him. But the Disciplinary Authority, which did not accept the reply, ordered discharge of the respondent from appellant-Bank's service with one month's pay and allowances purporting to act under clause 19 (5 (j) of the First Bipartite Settlement and made an order accordingly on November 2, 1987. Appeal of the respondent filed against that order before the Appellate Authority was dismissed on 4/02/1989. The orissa High court by its order made in a writ petition filed by the respondent, found that the principles of natural justice were violated in the course of holding the disciplinary proceedings against the respondent and set aside the orders of the Disciplinary Authority and the Appellate Authority.