AKSHAY P PATEL Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, is filed by Shri P.K.Patel, at the relevant point of time serving with Respondent no.1 Bank, challenging the order dated 12.10.1994 passed by the General Manager, (Appellate Authority), Respondent no.2 herein by which order dated 15.11.1990 passed by the Disciplinary Authority (Deputy General Manager) Respondent no.3 herein, dismissing the petitioner from the services came to be confirmed. That later on the petitioner expired and subsequently the legal heirs 1/1, 1/2 and 1/3 of the petitioner were brought on record as per order dated 29.10.2002 in Civil Application No.5492 of 2002.

(2.) The petitioner has prayed for quashing and setting aside both the impugned orders dated 15.11.1990 dismissing the petitioner from services, as confirmed by the Appellate Authority vide order dated 12.10.1994, mainly on the ground that procedure followed by the Disciplinary Authority in conducting departmental inquiry is illegal. The charges levelled against the petitioner are devoid of any substance and the findings of the inquiry officer are based on no evidence. No financial loss is caused to the Bank and submissions of the delinquent-petitioner herein with regard to his defence are not properly dealt with.

(3.) The short facts, as emerged from the record, are as under:- The petitioner late Shri P.K.Patel, Ex-Branch Manager, serving at Sami Branch, Respondent no.1, was charged vide charge-sheet dated 29.08.1987 as per Regulation Rules of Dena Bank Officer Employees (Discipline and Appeal) Regulation 1976.