BHAURAO Vs. WAINGANGA KRISHNA KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India, the petitioner, a senior citizen seeks quashing and setting aside of a communication dated 17.12.2011 fixing date of hearing in Departmental inquiry, on the ground that the inquiry has been initiated more than four years after the alleged misconduct and inquiry could not have been initiated after 31.05.2011 i.e. his superannuation.

(2.) Looking to the nature of controversy, we have heard Shri Thengre, learned counsel for the petitioner and Shri Jaiswal, learned counsel for the respondents finally with their consent by issuing Rule and making it returnable forthwith.

(3.) The petitioner, working at the relevant time as a Staff Officer, Wadsa Branch of Respondent No. 1 - Regional Bank, was placed under suspension for gross misconduct and irregularities on 02.08.2007. The suspension order mentions that on 06.06.2007, the petitioner cleared a cheque in the sum of Rs.2,50,000/ though it was not issued to Savings Bank account holder and though signature on it did not tally with the specimen signature of the account holder. Attention of the petitioner has also been invited to clauses 45 and 46 of Wainganga Kshetriya Gramin Bank (erstwhile Chandrapur, Gadchiroli Gramin Bank) Officers' and Employees' Service Regulations, 2010, in said suspension order. The Bank also lodged a First Information Report at Desaiganj Police Station on 08.09.2007 under Sections 409, 467, 468, 471 read with Section 34 of Indian Penal Code. In FIR, it is alleged that petitioner has misappropriated the sum of Rs.8,85,000/.