NAGARJUNA GRAMEENA BANK Vs. M F BRUCE

JUDGEMENT

(1.) The respondents in writ petition No.16486 of 1986 preferred this writ appeal assailing the order of the learned Single Judge, allowing the writ petition setting aside the dismissal order passed against the writ petitioner-respondent herein.

(2.) The facts of the case, in brief, are as under: The writ petitioner-respondent herein was working as Branch Manager in Nagarjuna Grameena Bank, Shaligouraram Branch. It is alleged that he had committed certain irregularities which are culpable and are likely to cause pecuniary loss to the bank and that he had also committed acts of misfeasance and malfeasance. Basing on such allegations, 19 charges were framed against him and a charge-memo was issued to him on 29-1-1980. The responden therein submitted his explanation on 6-2-1980 denying the charges. However, he stated in the explanation that if the charges are found to have been proved, he may be pardoned as he did not have previous experience and he did not receive cooperation from his subordinates. An enquiry officer was appointed and the enquiry was posted to 19-4-1980. In the enquiry,only the respondentwas cross-examined by the enquiry officer. It is to be noted that no other witness was examined nor any document was marked in the said enquiry. After conducting the enquiry as above, the enquiry officer submitted his report stating thus:

(3.) Accordingly, the enquiry officer submitted his report. Basing on that enquiry report, the Board dismissed the respondent herein from service. Challenging the order of dismissal the respondent herein filed writ petition No.2451 of 1980 which was disposed of on 30-7-1986 with liberty to the respondent herein to avail the statutory right of appeal provided under the Rules. Accordingly, the respondent herein preferred an appeal on 3-8-1986 and the same was disposed of on 27-9-1986 by the Board confirming the dismissal order. Assailing the said order, the respondent herein filed Writ Petition No.16486 of 1986.