NITYANANDA MAHADANI Vs. PUNJAB NATIONAL BANK AND OTHERS

JUDGEMENT

(1.) The writ petitioner, Shri Nityananda Mahadani (hereinafter referred to as Mahadani) was an employee of a nationalised bank namely Punjab National Bank (for short Bank). Mahadani was scheduled to retire from the service of the Bank on 31.5.1985. By a charge-sheet dated 9.3.1985 certain charges were levelled against him relating to misconduct alleged to have been committed by him between July, 1979 to Oct., 1981 when he was working as Accountant at Branch Office of the Bank at Purulia. By the Order of dismissal dated 20.5.1985 Mahadani was dismissed from the service of the Bank with immediate effect.

(2.) Gravity of charges was apparent from the "Statement of Imputation of Misconduct" which reads as follows

(3.) The enquiry against Mahadani in respect of the charges levelled 'against him was conducted by Shri J.K. Bag as Enquiry Officer who was not the disciplinary authority. On 17.5.85 the Enquiry Officer submitted his report rathe disciplinary authority. The Enquiry Officer conducted the enquiry proceedings ex parte on the ground that Mahadani did not participate in the proceedings. The Dy. General Manager, Zonal Office of the Bank being disciplinary authority agreed with the findings of the Enquiry Officer and held Mahadani guilty of the charges levelled against him. Mahadani was dismissed from the service of the Bank with immediate effect. The relevant part of the order of dismissal dated 20. 5. 1985 is set out hereunder:-