BRAJ BHAUSHAN SHUKLA Vs. UCO BANK

JUDGEMENT

(1.) WE have heard Shri Vikas Budhwar, learned counsel for the petitioner. Shri Manoj Misra appears for the respondents-bank.

(2.) THIS writ petition is directed against the order dated 16.7.2005 passed by the Asstt. General Manager, United Commercial Bank, Regional Office, Varanasi, by which as a disciplinary authority, he has imposed punishment on the petitioner of dismissal, which shall ordinarily be a disqualification for future employment on charge Nos. 1 and 3 for having mis-behaved and manhandled a customer of the bank; and lowering of three stages from the present pay on charge No. 2 relating to representation made by the petitioner to the Asstt. General Manager, Varanasi and endorsing a copy thereof General Manager (Personnel) Head Office, Calcutta, by name, for non-sanction of overdraft limit to him. The General Manager (Operation. 1) (Appellate Autho Parry's (Calcutta) Employees'Union v. Parry & Co. Ltd., AIR 1966 Cal 31 rity in appeal) on 6.10.2005 modified the punishment on charge Nos. 1 and 3 to compulsory retirement and maintained the punishment on charge No. 2.

(3.) THE petitioner submitted his reply/objections to the charge-sheet on 13.8.2004 and demanded documents and list of witnesses, which was not supplied with the charge-sheet as well as preliminary investigation report. He protested for issuing charge-sheet in the end of July 2004, in respect of incident on charge Nos. 1 and 3, which is alleged to have happened on 29th March, 2003. It was stated by the petitioner that his son is pursuing study of B.Tech. for which the petitioner was required to pay the fees. When the petitioner applied for overdraft facility generally given to bank employees, it was denied to him. He further alleged that the allegations of mis-behaviour and alleged scuffle with the customer are not allegations of moral turpitude, on which the enquiry was sought to be proceeded against him.