UCO BANK Vs. ASHOK KUMAR MONGIA

JUDGEMENT

(1.) Respondent No. 1 (Petitioner in CW.1982/87) states that his counsel is not well. At his request, Mr, M.R. Bhardwaj his counsel is discharged from the case and he is allowed to argue the case himself.

(2.) Respondent (petitioner in the writ petition) had filed Civil Writ Petition No. 1982/97 and after hearing, it was disposed of by me vide judgment dated August 31, 1999. The enquiry conducted against the petitioner and impugned order dated 30th May, 1985 imposing the penalty of dismissal upon the petitioner as well as order dated 21.7.1985 of the appellate authority was set aside mainly on two grounds namely, (i) Area Manager who acted as disciplinary authority was not competent to act as disciplinary authority; and (ii) Shri R.K. Somaiya who was appointed as enquiry officer should not have acted as enquiry officer as he had contacted the preliminary investigation and there was "real likelihood of bias" or "reasonable suspicion of bias."

(3.) While setting aside the enquiry and punishment on the aforesaid grounds, direction was given to the review petitioner to reinstate the respondent in service with consequential benefits and 50% of arrears of salary and admissible allowances.