REGIONAL MANAGER Vs. RAM PRASAD MANDAL

JUDGEMENT

(1.) THE appellants, officers of Central Bank of india, being aggrieved by order dated April 20, 2006 passed by the learned single Judge of this court in Writ Petition No. 4079/1994 have filed this appeal submitting inter alia that the order passed by the learned single Judge is illegal, deserves to be interfered with and set aside in the appellate jurisdiction of this Court.

(2.) IT is to be noted that being aggrieved by the order dated February 22, 1993 (Annexure-P/1) passed by the Disciplinary authority dismissing the petitioner from service and order dated August 18, 1994 (Annexure P/2) whereunder the appeal preferred by the respondent was dismissed, the respondent/ employee filed Writ Petition No. 4079/1994. The learned single Judge after going through the inquiry proceedings came to the conclusion that the conduct of the Inquiry officer was unfair because on one side he was directing the department to produce and supply the documents demanded by the present respondent latest by February 13, 1991 and at the same time closed the proceedings. The learned single Judge also found that the Inquiry officer acted in a very hasty manner in closing the defence evidence less appreciating that the respondent/the original petitioner for the reasons stated by him could not produce his witnesses before the Inquiry Officer. It is also to be seen from the records that the documents were to be supplied latest by February 13, 1991 but the evidence was closed on January 15, 1991 and the Inquiry Officer closed the further proceedings.

(3.) THE learned single Judge after considering the pros and cons of the matter allowed the writ petition, quashed the orders (Annexures P/1 and P/2) and remitted the matter to the Inquiry Officer with direction to the present appellants to produce the documents as demanded by the petitioner and also required the Inquiry Officer to proceed with the disciplinary Enquiry from the stage of recording the evidence of the present respondent's remaining witnesses.