ASHOK KUMAR DUTTA Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare for the petitioner. Shri A.B. Saran, Senior Advocate assisted by Shri Maneesh Mehrotra appears for the respondents.

(2.) This writ petition is directed against the orders dated 22.8.2008 passed by the Deputy General Manager/Disciplinary Authority, Indian Overseas Bank, Central Office, Chennai, awarding the penalty of 'dismissal' in terms of Regulation 4 (j) of Indian Overseas Bank Officer Employees' (Discipline & Appeal) Regulations, 1976 (in short, the Regulations of 1976), with a further order that the period spent by him under suspension shall not be treated as one spent on duty and which will not be counted for monetary or any other benefits other than subsistence allowance already paid to him; and the appellate order in respect of the charge sheet issued on 17.8.2008 and various supplementary appeals filed against the order of the Disciplinary Authority dated 22.8.2008, by which the appeal was dismissed. The petitioner has also prayed for a direction to reinstate him in service with all consequential benefits, continuity in service, seniority and arrears of salary for the suspension period.

(3.) Brief facts, giving rise to this writ petition, are that the petitioner was appointed in respondent-bank as a Clerk in February, 1977. In the year 1982 he was promoted as Officer, Junior Management Grade-I and was thereafter promoted as Officer, Junior Management Grade-II. In the year 2002, the petitioner was granted promotion as Officer Middle Management Grade III and was posted as Senior Manager at Varanasi Contonment Branch, where he served from 31.1.2003 to 30.9.2006, and was thereafter transferred to Mathura. Before the petitioner could join at Mathura, he was placed under suspension on 6.10.2006 by the Deputy General Manager in contemplation of departmental proceedings in exercise of the powers under Regulation 12 (i) (a) of the Regulations of 1976. A departmental charge sheet was issued to the petitioner by the Deputy General Manager on 17.8.2007, alleging misconduct covered by Regulation 3 (1) and 3 (3) of the Indian Overseas Bank Officers Employees (Conduct) Regulations, 1976. The allegations in the charge sheet related to the period of work, when the petitioner was posted at Varanasi Contonment Branch.