A LAXMAN KINI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order passed by the disciplinary authority of the Indian Overseas Bank inflicting the punishment of compulsory retirement, which has been confirmed in appeal by the appellate authority.

(2.) The petitioner was working as Deputy Manager at Somnathpur branch of Indian Overseas Branch within Balasore district in the State of Orissa during 1996. On 12.7.1996, as the Branch Manager had gone to the Regional Office to attend a meeting, the petitioner was in charge of the branch. During that time, the petitioner refused to grant a demand loan of Rs.38,000/- to one Mr.R. Panda and his wife. On the other hand, on the very same day, the petitioner took cash of Rs.20,000/- with a view to deposit the same in Balasore branch, but as there was bandh in Balasore, the amount was not deposited on the said day and the amount remained with the petitioner and was deposited with the State bank at Balasore on the next day. On the basis of such allegations, charge-sheet was issued against the petitioner, who filed a reply denying the allegations. An enquiry officer was appointed and certain witnesses were examined. Ultimately, the enquiry was concluded and the enquiry officer found guilty of the charges levelled against the petitioner. A further show cause notice was issued and thereafter, the disciplinary authority inflicted the punishment of compulsory retirement which has been confirmed in appeal.

(3.) The petitioner has challenged such a punishment on several grounds. It is contended that the enquiry was held ex-parte and sufficient opportunity had not been given to the petitioner.