MUKUL CHANDRA BHATTACHARYYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, at the material point of time, was working as an officer of the United Bank of India (hereafter the Bank). In pursuance of a disciplinary proceeding initiated by the Bank against him, the petitioner was dismissed from service on March 21, 1988. The order of dismissal was carried in appeal, unsuccessfully. The appellate authority by an order dated October 12, 1988 dismissed the appeal.

(2.) Questioning the propriety and/or legality of the order of dismissal, since confirmed in appeal, the petitioner had invoked the writ jurisdiction of this Court. By an order dated February 4, 1999, the writ petition was dismissed. The petitioner preferred an appeal before the Hon'ble Division Bench. In the judgment and order dated January 21, 2003 by which the writ appeal was disposed of, the Hon'ble Division Bench observed that the allegations against the petitioner did not suggest a case of gross misconduct but undoubtedly the allegations were more in the nature of indiscretion and error of judgment on his part. The following direction was consequently issued :

(3.) Acting in compliance with the judgment and order dated January 21, 2003, the appellate authority of the petitioner passed an order dated May 12, 2003. Paragraphs 5 and 6 of the order being relevant are quoted below :