MITHILESH KUMAR JHA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The writ petitioner being aggrieved by the order passed by the Assistant General Manager, Allahabad Bank dated 28th October 1988 passing the order of removal from service against him has moved this Court under Article 226 of the Constitution.

(2.) The writ petitioner is the Ex-Manager of Pachtaki Yadu Branch and Mahingoan Branch of the Allahabad Rank. The charge-sheet No. BZ/Vig,/ 56/162 dated 13.4.1988 was issued on him and an enquiry was initiated and Sri S. L. Tewari was appointed the Enquiry Authority to hold the enquiry against the petitioner in terms of the Regulation 6(2) of the Allahabad Bank Officer Employees (Discipline and Appeal) Regulation, 1976. The enquiry authority has completed the enquiry on 16,9.1988 and submitted his report on 25.10.1988. The Respondent No. 3, Assistant General Manager and Disciplinary Authority, Allahabad Bank, having its office at Zonal Office, Patna has accepted the said report and findings of the Enquiry authority and passed the impugned order of removal of the petitioner from service.

(3.) The writ petitioner has moved this writ petrition challenging the charge-sheet as illegal and void and also the enquiry proceeding alleging that the enquiry is vitiated as the Enquiring authority did not afford the petitioner reasonable opportunity of defence and principle of natural justice has thus been violated in several stages of the enquiry proceedings. The Respondents contest the writ petition by filing an affidavit-in-opposition to which an affidavit-in-reply has been filed.