SHYAM NAGARKAR Vs. VIJAYA BANK AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the disciplinary proceedings and the punishment order dated 30.12.2002 (Annexure P/17) whereby the petitioner was dismissed from service. The challenge is also made to the appellate order dated 8.4.2003 (Annexure P/19).

(2.) Briefly stated, the facts are that the petitioner was appointed as Clerk in the year 1982. The petitioner was promoted as Office Junior Management Grade I and posted at Muradabad on 20.9.1990. In June, 1995, petitioner was transferred to Bhopal as Assistant Manager. On 22.6.2000, the petitioner was transferred to Indore. On 10.7.2000, the petitioner was called by the Branch Manager and was compelled to write a confession letter regarding alleged forgery and misappropriation which had taken place at Bhopal. This was allegedly secured from the petitioner under coercion and threat with an assurance that no adverse action would be taken against him. A complaint in Police Station, Hanumanganj, Bhopal was lodged by Senior Manager on 11.7.2000. An FIR was registered on 12.7.2000 and petitioner was arrested. The petitioner was suspended for remaining under detention for more than 48 years. The challan was filed on 10.10.2000 and petitioner was released on bail on 18.10.2000. Shri Shroti informed that said criminal case is still pending. The bank issued charge-sheet on 13.10.2001 (Annexure P/5) to the petitioner. In turn, petitioner filed his reply on 2.11.2001 and denied the charges in toto. In addition, petitioner prayed for staying the disciplinary proceedings on the ground that a criminal case registered on the same set of facts is pending against him. When petitioner's aforesaid request for staying the inquiry could not fetch any result at the level of department, the petitioner filed WP No.6311/2001 before this Court. Initially, on 2.1.2002, this Court stayed the departmental proceedings but the said stay was vacated on 5.7.2002.

(3.) Petitioner preferred a telegram dated 18.8.2002 and; in reply, by communication dated 21.8.2002, the respondents stated that 196 documents will be supplied to the petitioner. The telegram and letter dated 21.8.2002 are filed by the petitioner alongwith IA No.9945/2007. The departmental enquiry started on 26.9.2002 (Thursday) and continued till 1.10.2002. On the date of commencement i.e. 26.9.2002, the inquiry officer asked the petitioner whether he pleads guilty or not. The petitioner pleaded that he is not guilty and prayed that he may be given an opportunity to engage a defence representative.