AMBRISH SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India praying for the following reliefs:

(2.) The petitioner was working as a Scale III Officer in the respondent-Bank. During the period from 6/8/2005 to 11/5/2011, he was posted as Branch Manager at Girwai Branch, while the period from 12/5/2011 to 10/6/2013, he was posted at Main Branch, Morena, of the respondent-Bank. Certain irregularities in the matter of sanctioning and disbursement of loan were noticed. Resultantly, a charge-sheet was issued to him on 4/6/2014, Annexure P/6, whereby as many as 10 charges were levelled. The charges in substance related to:

(3.) The petitioner denied the charges by submitting reply on 24/1/2015 (Annexure P/9). The reply since was found unsatisfactory, the competent authority decided to conduct a departmental enquiry against the petitioner. In furtherance of the enquiry, Sri K.U. Parate, a Scale IV Officer, was appointed as Enquiry Officer, while Sri Neeraj Saxena, a Scale III Officer, was appointed as Presenting Officer. The enquiry was conducted by the Enquiry Officer, wherein about 112 documents were exhibited, while two prosecution witnesses were examined by the Presenting Officer in support charges. Further, about 26 documents were exhibited at the instance of petitioner. The Enquiry Officer submitted his report to the Disciplinary Authority on 7/1/2015, whereby all the charges were found proved against the petitioner. The report was forwarded by the Disciplinary Authority to the petitioner vide show-cause notice dtd. 13/1/2015, and he was asked to give his explanation to the findings recorded by the Enquiry Officer. The petitioner submitted his explanation on 24/1/2015, Annexure P/9, wherein he reiterated his defence which was taken in reply to the charge-sheet.