K M BHATT Vs. REGIONAL MANAGER DENA BANK

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, direction or order quashing and setting aside a letter-cum-communication dated October 19, 1995, Annexure E to the petition, issued by the Inquiry Officer appointed by the Regional Manager, Dena Bank, respondent No. 1 herein, by which an application of the petitioner dated October 17, 1995 to represent his case through an Advocate came to be rejected. A prayer is also made that the petitioner may be allowed to remain present and defend at the inquiry by taking assistance of a lawyer and the said inquiry can be proceeded only after supply of necessary documents as asked by him vide his letter October 17, 1995. Interim relief is also prayed not to proceed with the inquiry during the pendency of the petition.

(2.) After the notice was issued by this Court, the respondents appeared and an affidavit-in-reply is filed by one L.T. Upadhyay, Manager (Personnel), Bhuj Region of the respondent-bank.

(3.) The case of the petitioner is that he was serving as Typist-cum-Clerk with the respondent-bank and at the relevant time, he was at Bhuj. A charge-sheet came to be issued to the petitioner on July, 19, 1995 containing serious allegations. It was, inter alia, alleged that on June 20, 1995, he had left the branch at about 2-55 p.m., leaving about 20 to 25 vouchers pending to be written in the transfer scroll. The petitioner left the branch without bringing to the notice of in-charge officer, Mr. Joshi, about the incomplete work. At about 3-45 p.m., the petitioner came back. The petitioner was informed about the pending work by Mr. Joshi, but the petitioner interfered when Mr. Joshi attempted to report the said matter to the Branch Manager. In spite of the Branch Manager informing the petitioner not to interfere, the interference was continued. The petitioner also abused Mr. Joshi by using vulgar language. He even raised his hand to slap Mr. Joshi. When Mr. Joshi tried to defend himself, the hand of the petitioner razed with the hand of Mr. Joshi below shoulder. The petitioner also attempted to slap Mr. Joshi again, but other staff members in the meanwhile came there and the petitioner was taken out. Thus, the petitioner had committed gross misconduct within the meaning of clause 19.7 of the relevant bipartite settlement and he was liable to be dealt with in accordance with paragraph 19.7 of the said settlement.