SIDDHESHWARI G CHHAYA Vs. BANK OF INDIA

JUDGEMENT

(1.) This appeal is directed against the order dated 13th November 1997 passed by the learned Single Judge of this Court in Special Civil Application No.5305 of 1997 vide which the learned Single Judge has rejected the petition summarily.

(2.) The appellant was working as an Officer with respondent No.1. She was issued charge sheet on 16th August 1981 containing several charges under which the appellant was alleged to have misappropriated the bank money on several occasions. After completing the departmental enquiry, the appellant was dismissed from service vide order dated 28th July 1982. Against the said order of dismissal, the appellant filed departmental appeal. THE appellate authority rejected the appeal and confirmed the order of punishment. Hence, the appellant filed Special Civil Application No.4697 of 1982 before this Court. This Court remanded the matter for fresh hearing by the appellate authority since the appeal was heard by the same person who conducted the disciplinary proceedings.

(3.) The next ground of challenge is that defence assistance was not available at the time of hearing. THE learned counsel for the Bank submitted that it was only on one occasion that the defence assistance was not available and on all other occasions he was present. THE said situation was conceded by the learned counsel for the appellant. THErefore also this ground was negatived by the learned Single Judge, we feel rightly so.