DILIP K SHAH Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THE petitioner, an Officer of the United Bank of India, filed this Special Civil Application before this Court and challenge has been made thereunder to the order annexure 'g' dated December 29, 1986, of the Assistant General Manager (Personnel), disciplinary authority, under which he was ordered to be dismissed from the services on a misconduct which was found proved against him in an inquiry held. The petitioner has also challenged the order, annexure 'i' dated June 19, 1987, of the appellate authority, the respondent No. 2 herein, under which the appeal filed by him against the order of dismissal has also been dismissed.

(2.) THE petitioner was served with a charge-sheet, vide memo dated November 15, 1982 of the disciplinary authority. As many as eight charges were there against the petitioner. He was served with another charge-sheet, vide memo dated July 14, 1983 of the disciplinary authority under which there were as many as six charges. The charges against the petitioner are of misappropriation of the Bank fund for his own personal gains and purposes. The parties are in agreement that a joint inquiry has been held on both the charge-sheets given to the petitioner. However, the inquiry officer has not given any report on the charges which were there against the petitioner under the second charge-sheet. The Inquiry Officer found that the charges Nos. 1,2, 5 and 8 of the first charge-sheet proved against the petitioner. The charges Nos. 6 and 7 were found not proved. The disciplinary authority after considering the charges, the finding of the Inquiry Officer and the evidence, both oral and documentary, produced on the record, under its order dated December 20, 1986, the penalty of dismissal was given to the petitioner. This order was sent to the petitioner and the inquiry report was enclosed thereto. The petitioner filed an appeal against this order with the appellate authority, the respondent No. 2 herein, but that appeal came to be dismissed under the order dated June 19, 1987. Hence, this Special Civil Application before this Court.

(3.) THIS Special Civil Application came to be heard by the Division Bench of this Court along with bunch of other cases. Under the order dated August 5, 1991 all those Special Civil Applications were allowed partly. There is no dispute that the writ petition of the petitioner was accepted only on the ground that the inquiry report was not supplied to the delinquent officer to make a representation to the disciplinary authority against the same. That decision of this Court was challenged by the respondent-Bank before the; Hon'ble Supreme Court of India and the Division Bench order of this Court has been set aside. The matter was remitted to this Court with the direction to restore this Special Civil Application and to dispose of the same after considering the other contentions raised by the petitioner, herein, in this Special Civil Application.