VENKATARAMA MURLIDHAR SHENOY Vs. SYNDICATE BANK

JUDGEMENT

(1.) The Court : This writ petition is directed against the order of dismissal dated 11th December, 1998 passed by the General Manager of the respondent Bank and also notice dated 9th July, 1998 issued by the Appellate Authority of the Syndicate Bank, Manipal in the State of Karnataka which preceded the aforesaid order of punishment.

(2.) The short history of the case is that at the relevant time the petitioner was sub-Manager at Netaji Subhas Road, Calcutta Branch of the respondent Bank. On or about 25th March, 1977 he was charge-sheeted with the allegation of misconduct for having violated Regulation 3(1) of the Syndicate Bank Officer Employees' (Conduct) Regulations, 1976 that constitute misconduct under Regulation 24 of the said Regulations. The allegation of misconduct based on the imputation of charges that he had issued four delivery orders of 34 numbers of Aluminium Coils in favour of constituent without receiving corresponding payment for such delivery and further without observing regular procedure. It is also the charge that the petitioner is alleged to have admitted the aforesaid misconduct in writing on 17th October, 1976 and pleaded for mercy. The petitioner was put under suspension on and from 7th January, 1977. The incident took place in or about 9th March, 1976. The petitioner replied to the above charges. The defence taken in the petition, apart from general denial of the charges, is that delivery order was issued by him in his usual bonafide discharging of duty and upon oral instruction of the then Branch Manager, one B. Vasanthan.

(3.) It appears the petitioner challenged the aforesaid charge-sheet and suspension order in this Court previously and the same were set aside by the learned single Judge of this Court. However, subsequently that order of the learned single Judge was set aside by the appeal Court and directed the respondents to conclude the enquiry proceedings within a period of three months from the date of communication of that order.