B S DHARGALKAR Vs. SYNDICATE BANK

JUDGEMENT

(1.) The above Writ Petition has been admitted and is pending hearing and final disposal.

(2.) By an order passed in Notice of Motion No.308 of 2018 the hearing of the above Writ Petition was expedited and the Petition was accordingly taken up for hearing today.

(3.) It is not necessary to burden this order with unnecessary details. Suffice it would be to state that the Petitioner was working with the RespondentBank as a Chief Manager in the Byculla Branch of the Respondent at the relevant time. The Petitioner was chargesheeted on 01/09/2005 and the gravamen of the allegations against the Petitioner was that the RespondentBank's funds to the tune of Rs. 1.89 crores were put to the risk of loss. The departmental proceedings initiated against the Petitioner were on the footing that a major penalty would be required to be imposed on the Petitioner if ultimately the charge is held to be proved against him. After going through the gamut of holding the Departmental Inquiry, in which the Petitioner was given an opportunity, the Inquiry Officer submitted his report to the Disciplinary Authority i.e. the General Manager (P) of the RespondentBank. The General Manager considered the report as also after following the procedure of issuing show cause notice to the Petitioner along with which the inquiry report was furnished to the Petitioner, it passed an order on 28/10/2006 holding that the charge was held to be proved against the Petitioner and imposed the punishment which is mentioned in the operative part of the order passed by the Disciplinary Authority which reads thus