S P JAIN Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The petitioner was formerly Manager of the Union Bank of India at Maldakal branch, Mahbubnagar District. He was kept under suspension on 3-6-85 as a disciplinary measure on certain allegations of misconduct. The charge-sheet was served on 14-3-85. A regular departmental enquiry was held, and based upon the report submitted by the Inquiring Authority he was dismissed from service by an order dated 31-12-85 passed by the appointing authority. The appeal preferred by him was dismissed on 17-5-86 by the appellate authority. Challenging the legality of the dismissal" the present writ petition was filed seeking a writ of certiorari to call for the records relating to the order of dismissal and quash the same.

(2.) The Articles of Charge dated 14-3-85 relating to the acts of misconduct alleged against the petitioner are eight in number. They are:

(3.) In his written statement the petitioner controverted all the allegations and alleged that due to political vendetta because of the factions in the village he was unnecessarily implicated. One S. Sadasivan, a Senior Officer was appointed as the Inquiring Authority. One A. Naiasimha Rao, Assistant Superintendent, Inquiry Cell was the presenting officer during the inquiry proceedings. The petitioner was represented by another Officer one M.S.N. Murthy to conduct the defence. The Inquiring Authority analysed the Articles of Charge and the Statement of Allegations and categorised the charges against the petitioner under six heads. The first charge consisted of 5 sub-heads :-