VINODCHANDRA BALKRISHNA PANDIT Vs. BANK OF INDIA

JUDGEMENT

(1.) The petitioner, an officer of the Bank of India, challenges by this Special Civil Application, filed under Art. 226 of the Constitution of India, the order of the disciplinary authority, Annexure "F", dated 28th June 1983, under which penalty of removal from the services was given and further orders Annexures "H" and "J" of the Appellate Authorities, dated 24th October 1983 and 7th June 1984, respectively, under which the order Annexure "F" was confirmed.

(2.) The petitioner was removed from the services after holding full-fledged departmental inquiry. The petitioner was given detailed charge-sheet vide memo dated 10th August 1982, to which the petitioner has submitted his reply. After completion of inquiry, the inquiry officer submitted a report to the Disciplinary Authority, who after considering the same and other record, under the order dated 28th June 1983, ordered for removal of the petitioner from services. It is not in dispute that alongwith the order of respondent of removal of petitioner from services, copy of inquiry report was sent to the petitioner. The petitioner preferred an appeal against the aforesaid order to the Appellate Authority which came to be dismissed under the order dated 24th October 1983. Hence this Special Civil Application.

(3.) This Special Civil Application came to be accepted by this Court under the order dated 17th September 1991. The Special Civil Application was accepted only on the ground that the copy of the inquiry report was not supplied to the petitioner before he was held to be guilty by the disciplinary authority. The respondent-Bank preferred Letters Patent Appeal and the same came to be dismissed by the Division Bench of this Court. Thereafter the Bank has taken up the matter to the Hon'ble Supreme Court by filing Civil Appeal No. 302 of 1992, which was allowed and the matter was remitted back to this Court to decide other points raised by the petitioner in this Special Civil Application. The Division Bench of this Court, under the order dated 16th October 1996, sent the matter to the single Judge for deciding other points raised by the petitioner in the Special Civil Application.