SIDHIYK Vs. ABDUL AZEEZ

JUDGEMENT

(1.) In this writ petition the Petitioner has prayed for a writ in the nature of certiorari to quash the order of penalty dated August 31, 2006 and the order of Appellate Authority dated June 12, 2007 compulsorily retiring the Petitioner from service.

(2.) Respondent is a nationalised bank engaged in the business of banking. Petitioner joined the services of Respondent-Bank in the year 1978 as Agricultural Field Officer. Petitioner was promoted from time to time and he was working as senior Manager between May, 1998 and May, 2003 in Cantonment Branch and Industrial Finance Branch at Bangalore (for short 'IFB'). The Respondent-Bank noticed certain irregularities, manipulation of accounting entries, violation of banking procedure etc., alleged to have been committed by Petitioner. Consequently the Respondent-Bank issued a memorandum dated March 10,2004 as per Annexure A calling upon the Petitioner to submit his explanation to the misconduct committed by him. The Petitioner submitted his reply on April 15, 2004 as per Annexure B. Since the explanation of the Petitioner was not satisfactory, the Respondent-Bank issued articles of charges on April 2, 2005. The Petitioner submitted his reply on May i0. 2005. Since the reply of the Petitioner was not convincing, the Respondent-Bank initiated enquiry proceedings. The Enquiry Officer submitted his report as per Annexure D dated September 19, 2005 stating that some of the charges as proved, some of the charges as partly proved and some of the charges as not proved. The Disciplinary Authority by accepting the enquiry report passed an order of penalty dated August 31, 2006 compulsorily retiring the Petitioner from the services. Aggrieved by this order of penalty the Petitioner filed an appeal before the Appellate Authority. Simultaneously the Petitioner also filed a petition under the provisions of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

(3.) The appeal filed by the Petitioner came to be rejected by the Appellate Authority vide order dated June 12, 2007 as per Annexure E. Against the order of Disciplinary Authority and the order of Appellate Authority the Petitioner has filed this writ petition.