R N RATTAN Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) THE petitioner has challenged the termination of his services with the Oriental Bank of Commerce, respondent no.1, by way of imposition of penalty of dismissal imposed upon him by his Disciplinary Authority vide order dated 21st December, 1998 after he had been found guilty in a departmental enquiry of some fraudulent/unauthorised acts committed by him while he was posted as Chief Manager at the Mahipalpur branch of the bank in Delhi.

(2.) THE relevant facts may briefly be noticed before proceeding further to consider the grounds of challenge taken by the petitioner in this petition. THE petitioner had joined the Oriental Bank of Commerce (hereinafter to be referred as RS.the Bank') as a clerk in the year 1974 and thereafter he had been getting promotions from time to time. He was promoted as Chief Manager in the year 1994 and during the period of his posting as the Chief Manager at the Mahipalpur branch he was served with a suspension order dated 5th March, 1997 as he was reported to have committed certain fraudulent acts which had exposed the bank to a considerable risk of loss of money. THEn vide letter dated 17th November, 1997 he was informed by the bank the acts of misconduct committed by him and his explanation was sought to those allegations. THE petitioner submitted his reply denying each and every allegation but the same was On 23rd not found to be satisfactory by the Disciplinary Authority. January, 1998 the petitioner was served with a charge-sheet on same allegations which had been mentioned in the bank's earlier letter of 17th November, 1997.

(3.) THE petitioner thereafter filed an appeal before the Appellate Authority of the bank and before the Appellate Authority he took the same grounds which he had taken in his earlier representations to the Disciplinary Authority in response to the enquiry officer's report. THE Appellate Authority, however, did not dispose of his appeal for considerable time and feeling aggrieved with the non-dismissal of the appeal, the petitioner filed a writ petition in this Court (being CWP No. 2415/1999) challenging his dismissal from service. However, that writ petition was dismissed in limine on the ground that the same was pre- mature as his appeal was pending before the Appellate Authority. However, the Appellate Authority did not take any decision on his appeal for another period of five months after the dismissal of his writ petition and then the petitioner once again approached this Court by filing the present writ petition impleading the bank as well as the Appellate Authority and challenged the impugned order dated 21st December, 1998 passed by the Disciplinary Authority dismissing him from bank's services. THE petitioner had prayed for a writ of Certiorari quashing his dismissal order dated 21st December, 1998 and also for issuing a writ of Mandamus directing the bank to re-instate him in service with all consequential benefits.