A K GAUR Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri S. S. Chauhan and learned counsel Sri N.K. Seth appearing for Central Bank of India. This writ petition has been filed against the order of punishment of dismissal from services of the petitioner passed by the disciplinary authority vide order dated November 2, 1989 as contained in annexure No. 10 to the writ petition.

(2.) Sri S. S. Chauhan, learned counsel for the petitioner has raised several contentions touching the merits of the case also but we have considered the first question as to whether the petitioner has got reasonable opportunity to defend himself during the disciplinary proceedings. The inquiry officer, vide his report, dated May 31, 1989 held that charge of removal of cash of Rs. 70,000.00 as well as opening cash on July 11, 1986 are not proved on the basis of the evidence but the disciplinary authority held that the charges levelled against the petitioner in the charge sheet are found to be proved. The disciplinary authority has neither given reasons for disagreement with the inquiry officer nor the petitioner has been given an opportunity to show cause before passing final order of punishment intimated to him.

(3.) Learned counsel for the respondents has placed reliance on the following cases: