PRAHALAD SINGH BARKADE Vs. BOARD OF DIRECTOR

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India challenges the order dated 2.2.2009 whereby punishment of compulsory retirement was inflicted on the petitioner. The appellate order dated 14.01.2010 is also called in question by which appeal of the petitioner against the said punishment order is dismissed.

(2.) Briefly stated the facts are that petitioner was initially appointed on the post of Bank Officer on 1.11.1985. On 2.3.2005 (Annexure P/2), a chargesheet was issued against the petitioner levelling charges of misappropriation of money. The respondents were not satisfied with the petitioner's explanation and, therefore, instituted a domestic inquiry against the petitioner. The Inquiry Officer after conducting the inquiry submitted his report on 1.12.2008. The petitioner was found guilty of aforesaid charges. The disciplinary authority issued a show-cause notice to the petitioner on 05.12.2008. In turn, petitioner submitted his explanation on 11.12.2008.

(3.) Shri R.N.Singh, learned Senior Counsel contends that petitioner filed affidavit of three customers of the Bank who have stated that they have not given any money to the petitioner and they have made no complaints regarding loss of money by or against the petitioner. These affidavits are cumulatively filed as Annexure P/7. The disciplinary authority concurred with the findings of the inquiry officer and imposed punishment of compulsory retirement on the petitioner. Petitioner's earlier W.P.No.2559/09 was not entertained by this court and liberty was reserved to the petitioner to avail the appellate remedy. In turn, petitioner preferred an appeal dated 13.3.2009 (Annexure P/10) which was dismissed by appellate authority on 14.1.2010 (Annexure P/11).