CHANDRAKANT D ACHARYA Vs. DY GENERAL MANAGER

JUDGEMENT

(1.) BY way of this petition, under Article 226 of the Constitution of India, the petitioner Ex Clerk -cum -Cashier, serving in State Bank of Saurashtra has prayed for appropriate Writ, direction or order quashing and setting aside the order of dismissal dated 26.12.1995, which is confirmed by the appellant authority by order dated. 11.09.1996.

(2.) THE petitioner was at the relevant time, when departmental inquiry was initiated, was serving as Clerk -cum -Cashier and charges levelled against the petitioner are as under :

(3.) THE petitioner was served with the charge -sheet and departmental inquiry was initiated. Before that, memo was issued to the petitioner for remaining unauthorized absent on 24.09.1986. Thereafter, the petitioner was suspended by order dated 01.10.1986 pending further investigation and inquiry. A criminal case No. 213 of 1987 was filed against the petitioner in the year 1987 for the offence punishable under Section 353, 504, 506(2) of the Indian Penal Code. By communication dated 11.02.1992, the petitioner was informed various acts of misconduct committed by him for the period between 20.08.1985 to 01.10.1986. That the learned Magistrate delivered final judgment dated 04.02.1993 in the aforesaid criminal case and acquitted the petitioner and, that; the petitioner was served with charge -sheet dated 30.07.1993 with the departmental proceedings. That the Inquiry Officer was appointed on 05.01.1994 and thereafter, departmental inquiry was concluded on 02.12.1994. The Inquiry Officer intimated to the petitioner enclosing copies of the inquiry proceedings upto 24.11.1994 including exhibits Nos. 1 to 39 presented by the Presenting Officer and other concluding proceedings and calling upon the petitioner to give his written arguments / statement of defence. By communication dated 24.12.1994, the petitioner responded to the charge -sheet. Inquiry Officer submitted his report on 12.07.1995. By communication dated 16.08.1995, the inquiry report was communicated to the petitioner; that, by order / communication dated 26.12.1995, the respondents tentatively proposed punishment of dismissal of the petitioner from service and the petitioner was directed to show -cause why punishment of dismissal should not be imposed. The petitioner replied to the said communication dated 26.12.1995 by reply dated 11.01.1996. The petitioner was given personal hearing on 25.03.1996 and the petitioner gave his reply. Thereafter, having held all the charges proved against the petitioner, impugned order of dismissal came to be passed by the disciplinary authority on 17.04.1996. Being aggrieved and dissatisfied with the same, the petitioner preferred an appeal before the Appellate Authority and the Appellate Authority by order dated 11.07.1996 dismissed the said appeal and confirmed the order dated 17.04.1996. Therefore, the petitioner has filed the present petition under Article 226 of the Constitution of India.