SUMAN M DESAI Vs. BANK OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is before this Court under Article 226 of the Constitution of India with a prayer that the respondents be restrained from conducting departmental inquiry against the interest of the petitioner on the strength and foundation of the chargesheet issued on 24.4.2001.

(3.) The submission is that in relation to certain incidents from the year 1970 to 1989, the petitioner was chargesheeted on 6.11.1996 and after a full-fledged inquiry, certain punishments were awarded on him, which were later on reduced on appeal and, on basis of the very same material and the incidents relating to the period from 1970 to 1989, second chargesheet on 24.4.2001 has been issued to the petitioner. The submission is that the present is a case of double jeopardy and the petitioner cannot be subjected to unnecessary harassment under the name of the second inquiry. It is also submitted in the writ application that the authorities of the Bank are displeased with the petitioner, because, on the first occasion, the punishment of dismissal was reduced and the petitioner was allowed to be reinstated.