KRISHNA MURTHY N Vs. SYNDICATE BANK

JUDGEMENT

(1.) THE petitioner is common in these two Writ Petitions. He has filed W. P. No. 14805/1989 seeking to quash the order at Annexure-D dated April 7, 1984 placing him under suspension and the order at Annexure- G withdrawing the letter dated July 26, 1984 by which the suspension order was withdrawn and treating him as under continuous suspension. In W. P. No. 2084/1992 the prayer is to quash the order at Annexure-Z1 by which the petitioner was dismissed from the services of the Bank and the order at Annexure-BB dated August 27, 1991 dismissing the appeal preferred by the petitioner against the order of dismissal. A common prayer is made in both the writ Petitions to direct the respondents to reinstate the petitioner in his original post with all consequential benefits.

(2.) SINCE these two Writ Petitions pertain to the same petitioner relating to disciplinary proceeding, they are clubbed together and disposed of by this common order.

(3.) THE petitioner is an Officer in Syndicate Bank. Disciplinary proceedings were initiated against him for the alleged misconduct. The first charge as per Annexure-H is that the petitioner has unauthorisedly remained absent from September 7, 1983 to April 6, 1984. The second charge sheet is dated May 27, 1988 relating to sanctioning of loans and allowing over-drawals. The petitioner was called upon to submit his written brief by October 10, 1990. Since the petitioner met with an accident, he submitted a representation on February 14, 1991 seeking time upto february 28, 1991 to submit the brief. The petitioner submitted the same on February 25, 1991. By that time the enquiry was completed and the Enquiry Officer submitted the report on January 16, 1991 itself. Thereafter, on April 25, 1991 the petitioner was furnished with a copy of the enquiry report and his representation was sought within 15 days. Petitioner submitted a representation on May 4, 1991 stating that the written brief submitted by him was not considered by the Enquiry Officer and requesting for a fresh report after considering the written brief. The said request of the petitioner was rejected and the order of dismissal was passed as per annexure-Z1.