DHURBA RADHAKRISHNA Vs. BANK OF BARODA

JUDGEMENT

(1.) THE petitioner was initially appointed as a Clerk in the Bank of Baroda, 1st respondent herein, on 29. 3. 1973. He was promoted as Officer on 1. 2. 1978, as Manager on 18. 8. 1990 and as Senior Manager on 28. 8. 1995. He states that he was rewarded on several occasions, in recognition of his meritorious service, and that there was never any complaint against him, over his 29 years of service.

(2.) THE petitioner was placed under suspension by the General Manager, South Zone, 3rd respondent herein, through order, dated 5. 12. 2001. Few days thereafter, he was issued a show-cause notice, with a direction to explain as to why disciplinary action be not initiated against him, for the reasons mentioned therein. The petitioner submitted his explanation. On a consideration of the same, the 3rd respondent issued a charge-sheet, dated 4. 2. 2003. Reply to the charge-sheet was submitted by the petitioner on 13. 3. 2003. Departmental enquiry was conducted and a report emerged out of it on 11. 5. 2004. The 3rd respondent made available, a copy of the report, to the petitioner and his remarks were invited. The petitioner accordingly submitted his remarks. Thereafter, the 3rd respondent passed an order, dated 31. 12. 2004, directing removal of the petitioner from service. The appeal preferred by the petitioner to the 2nd respondent was rejected on 6. 4. 2005. Review filed by him) before the 1st respondent was also rejected on 8. 3. 2006. Hence, this writ petition.

(3.) THE respondents filed a counter - affidavit, denying the allegations of the petitioner. It is stated that the petitioner committed several irregularities, when he worked at Chanchalguda Branch of the Bank, in the context of issuing Fixed Deposit Receipts (FDRs) to an educational institution. They state that the prescribed procedure was scrupulously followed throughout the proceedings and that the punishment imposed against the petitioner cannot be treated as disproportionate.