YOG NARAIN DUBEY Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) HEARD Sri Naveen Sinha, learned counsel for the petitioner and Shri Bal Ram Yadav for the respondents. The record has been produced by the Bank.

(2.) THE petitioner challenges the order of punishment dated 31.7.2006 by means of which he has been dismissed from service and has been made liable for recovery of amount of Rs. 11,22,265.81 which is to be recovered by initiating proceedings under Section 68 of the U.P. Co-operative Societies Act, 1965.

(3.) THE petitioner though submitted his reply against the charge-sheet dated 2.12.2003 and supplementary charge-sheet dated 1.3.2005, but the Enquiry Officer neither called the petitioner to attend any enquiry nor intimated the date time and place of any enquiry. To say in other words, the Enquiry Officer submitted his enquiry reports dated 2.12.2004 and 13.5.2005 in respect of charge-sheet dated 2.12.2003 and 1.3.2005 respectively without holding any oral enquiry, examination of witnesses and also without getting the reports and other documentary evidence proved by oral testimony of the departmental officer and without affording opportunity to the petitioner to lay his defence. THEreafter show cause notice dated 1.2.2006 was issued proposing the punishment of dismissal from service, and recovery of Rs. 11,22,265.81. In response to the aforesaid show cause notice the petitioner appeared before the Managing Director. He made a representation dated 18.2.2006 in this respect.