PARAMESWARAN PADMANABHAN Vs. BANK OF INDIA

JUDGEMENT

(1.) THE appellant bank has preferred the instant appeal assailing the judgement and order dated 21st September, 2010 passed by a learned Judge of this Court whereby and whereunder the said learned Judge was pleased to dispose of the writ petition by quashing the charge-sheet issued to the respondent/writ petitioner, enquiry report submitted by the Enquiry Officer, the order of punishment issued by the disciplinary authority in respect of the respondent/writ petitioner and also the subsequent order of the appellate authority affirming the decision of the disciplinary authority.

(2.) THE necessary facts which are relevant for the purpose of deciding the appeal are briefly narrated hereinafter : The respondent/writ petitioner while working in the bank as staff clerk in Satgram Branch was served with a memorandum dated 7th August, 1980 issued by the Regional Manager, Eastern Region of the bank pursuant to a complaint received from one Sri P.K. Mukhopadhyay, an Officer of the Asansol Branch of the said bank. In the aforesaid memorandum it was alleged that the respondent/writ petitioner assaulted said Sri Mukhopadhyay and also hurled filthy languages towards him. The Regional Manager, Eastern Region was the disciplinary authority of the respondent/writ petitioner at the relevant time. After receiving the aforesaid memorandum, respondent/ writ petitioner submitted his reply refuting the charges levelled against him. Thereafter, another memorandum dated 23rd December, 1980 was served upon the respondent/writ petitioner with a direction to submit his explanation within seven days. The respondent/writ petitioner also submitted his reply to the aforesaid memorandum denying the charges levelled against him. Respondent/writ petitioner thereafter filed a writ petition before this Court being Matter No. 840 of 1981 challenging the legality and validity of the aforesaid memorandums dated August 7, 1980 and December 23, 1980. After final disposal of the aforesaid writ petition an appeal was also preferred by the respondent/writ petitioner being Appeal No. 252 of 1982. In the said appeal an order was passed by the Division Bench of this Court on September 7, 1982 granting liberty to the appellant bank to proceed with the departmental proceeding against the respondent/writ petitioner. The bank was however, restrained from passing the final order in relation to the said disciplinary proceeding till the disposal of the appeal. Thereafter, the appellant bank issued a charge-sheet on September 10, 1982 to the respondent/writ petitioner. In the aforesaid charge-sheet the disciplinary authority specifically mentioned the name of the Enquiry Officer for conducting the enquiry proceeding and also directed the respondent/writ petitioner to report to the said Enquiry Officer on 20th September, 1982 at 11 A.M.

(3.) THE aforesaid writ petition was finally disposed of by a learned Judge of this court on March 21, 2006 when the said learned Judge was pleased to set aside the second show-cause notice dated October 31, 1983 and also issued a specific direction to the bank to issue a fresh show-cause notice.