SHAM A. NEMICAL Vs. CANARA BANK AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the order dated 08.02.2001, whereby the departmental enquiry was initiated with the submission of charge sheet, aggrieved by the order dated 03.08.2001, whereby, the punishment of compulsory retirement was imposed, and equally aggrieved by the order dated 24.09.2002, whereby the departmental appeal filed by the petitioner was rejected by the Appellate Authority, the petitioner has approached this court.

(2.) BRIEF facts of the case are that, the petitioner namely, Mr. Sham N. Nemical was an employee of the Canara Bank. He had honestly served the bank for 20 years. In the year 2000, the bank had introduced a Special Voluntary Retirement Scheme. In the year 2001, the petitioner had opted for the same. But, before his option could be exercised, on 08.02.2001, he was served with articles of charges. The petitioner submitted his reply. The bank appointed one Mr. Parthasarathy as the Enquiry Officer. The Enquiry Officer after holding a complete enquiry found the petitioner guilty of charges; the Enquiry Officer submitted his report to the Disciplinary Authority. Thereupon, the Disciplinary Authority issued second show -cause notice. The petitioner replied to the same. However, by order dated 03.08.2001, the Disciplinary Authority imposed the punishment of 'Compulsory Retirement' upon the petitioner. Since the petitioner was aggrieved by the said order, he filed a departmental appeal. However, by order dated 24.09.2002, the Deputy General Manager, as the Appellate Authority, dismissed the departmental appeal. Since the petitioner was aggrieved by the said order, he filed a Review Petition before the Executive Director. However, by order dated 19.06.2003, the said review petition was also dismissed. Hence, this petition before this court.

(3.) MR . Kiran Kumar, learned counsel for petitioner has raised the following contentions before this court: -