ASHOK KUMAR Vs. ASSISTANT GENERAL MANAGER SYNDICATE BANK

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 26.7.1999 and order dated 31.3.1999, contained in Annexures-12 and 9 to the writ petition passed by respondents no. 2 and 1 respectively seeking writ of certiorari for quashing them and further a writ in the nature of mandamus commanding the respondents to reinstate the petitioner in service with arrears of full salary and continuity of service along with other consequential benefits thereof has been sought for.

(2.) The relief sought in the writ petition rest on the facts that while working as Clerk at Varanasi Main Branch of Syndicate Bank, the petitioner was served with a charge sheet dated6.4.1995 by Dy. General Manager of the said Bank. The charge against the petitioner was that he had unauthorisedly over written/altered the entries pertaining to the name of account holder Sri Shiv Kumar Kothari and thereby fraudulently diverted the proceeds of Rs. 4978/- in his account and derived undue pecuniary benefits therefrom temporarily at the cost of customer of the bank. It had also been alleged that the petitioner manipulated the bank's record, thereafter re-written the original particulars apparently to cover-up the said act and thus grossly abused his position in the bank. A true copy of the charge sheet is on record as Annexure-1 of the writ petition. On receipt of the said charge sheet, the petitioner submitted his reply dated 2.5.1995 denying the charges levelled against him. The petitioner has also requested to supply the copies of relevant documents forming the basis of said charges against him but the copies of said documents were not supplied to him, hence the petitioner was not given proper opportunity to file an effective reply to the said charge sheet. The defence representative of the petitioner vide application dated 11.4.1996 requested the Inquiry Officer to direct the bank to furnish the copies of the documents to the petitioner as mentioned in the said application. A true copy of the application dated 11.4.1996 is on record as Annexure-2 of the writ petition. It is stated that in spite of the request of petitioner as well as his defence representative before Inquiry Officer for supplying the copies of the documents, the said documents were not supplied to him and the photostat copies of some of the documents were given to the petitioner and his representative without verifying the same from original and neither the petitioner nor his defence representative were permitted to inspect the aforesaid original documents by the bank.

(3.) It is also stated in the writ petition that one Sri B. Taranth Pai who was also chargesheeted along with the petitioner in respect of same incident was produced by the bank as management witness before the Inquiry Officer. A true copy of the extract of inquiry proceeding pertaining to statement of Sri B. Taranth Pai in the form of question answer and his cross examination before the Inquiry Officer is on record as Annexure-3 of the writ petition. The Inquiry Officer concluded the inquiry and submitted his report dated 6.1.1999. In pursuance thereof the respondent no.1 vide his letter dated 29.1.1999 directed the petitioner to submit his reply/objection, if any, to the said Inquiry Report within 15 days. In response to it, the petitioner submitted his reply/objection on 4.3.1999. The copy of Inquiry Report dated 6.1.1999, letter dated 29.1.1999 and reply/objection dated 4.3.1999 are on record as Annexures-4,5 and 6 of the writ petition. Thereupon the respondent no. 1 vide his letter dated 8.3.1999 issued a show cause notice to the petitioner indicating therein as to why he should not be dismissed from service with immediate effect, a copy of which is on record as Annexure-7 to the writ petition. Thereafter the respondent no. 1 has passed the final order on 31.3.1999 whereby the petitioner has been dismissed from service of the bank with immediate effect. The said order was communicated to the petitioner vide covering letter dated 31.3.1999. A true copy of the covering letter dated 31.3.1999 and order of punishment dated 31.3.1999 are on record as Annexures- 8 and 9 of the writ petition. Against the aforesaid order the petitioner has filed an appeal on 14.5.1999 before respondent no.2, who vide his order dated 26.7.1999 has dismissed the appeal of petitioner and the said order was communicated to the petitioner vide his covering letter dated 29.7.1999. The copies of the aforesaid letters are on record as Annexures-11 and 12 of the writ petition respectively, hence this petition.