VINOD RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner inter -alia praying for quashing of the order dated 26 -02 -2008(Annexure No. 9 to the writ petition) and the order dated 28 -01 -2009 (Annexure No. 7 to the writ petition) and further praying for his reinstatement in service with all back wages and benefits of service.

(3.) BRIEFLY stated, the petitioner was a Branch Manager of the respondent -bank. He was suspended on 16 -01 -2005 on account of alleged gross misconduct during the service period including financial irregularities. In the departmental enquiry held against him, Chairman of the Gramin Bank/Disciplinary Authority, on the basis of the enquiry report, directed his dismissal from the service vide his order dated 26 -02 -2008. The petitioner preferred an appeal against the said order before the appellate authority i.e. Board of Directors, respondent no. 3. The said appeal was dismissed by the Board of Directors/respondent no. 3 and the petitioner was communicated the decision of the Board vide communication letter dated 28 -01 -2009. It appears that this communication letter dated 28 -01 -2009 informing about dismissal of the appeal by the Board/respondent no. 3 has been mentioned by the petitioner as the order passed by the Board of Directors.