PHANIBHUSHAN CHAKRABORTY Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) In invocation of the jurisdiction of the Court under Article 226 of the Constitution of India, the petitioner questions the defensibility of the charge sheet dtd. 13/5/2011 issued against him in contemplation of a disciplinary proceeding, the enquiry report dtd. 28/12/2012, the order of punishment dtd. 23/9/2015 and the order of the appellate authority dtd. 13/6/2016.

(2.) Sans unnecessary details, the facts as frescoed in the writ petition are that a charge sheet vide.dtd. 13/5/2011 was issued by the Disciplinary Authority and Chairman, Bangiya Gramin Vikash Bank (hereinafter referred to as the bank) against the petitioner while he was discharging his function as the Senior Manager (Scale-III Officer) at Malda Regional Office of the bank. No list of witnesses and list of documents were disclosed in the charge sheet.

(3.) The petitioner submitted his reply to the charge sheet vide.his letter dtd. 16/6/2011. By a letter dtd. 24/11/2011, the Chairman intimated the petitioner that his reply was found unsatisfactory and appointed the presenting officer. By the said letter, the officer who was not in higher scale of pay to the petitioner was appointed as the enquiry officer in derogation of the Regulation no. 41 of the Service Regulations, 2010 and the enquiry officer initiated the enquiry proceeding. By a letter dtd. 5/9/2011, the petitioner raised this issue before the Disciplinary Authority. Ultimately, by a letter dtd. 9/12/2011, the earlier enquiry officer was changed and the Branch Manager, Jangipur Branch of the bank was appointed as the enquiry officer.