SHYAMAL KUMAR MAJUMDER Vs. BANK OF INDIA

JUDGEMENT

(1.) The writ petitioner was posted and served as Manager in the Debaipur Branch of Bank of India with effect from 13th January, 1997 to 15th November, 1998. By a letter dated 19th April, 2001 the Bank decided to proceed against the writ petitioner under Regulation 6 of its Officers' (Discipline and Appeal) Regulations, 1976 in respect of acts of misconduct alleged to have been committed by the writ petitioner while posted as aforesaid. The charges notified to the writ petitioner were as follows:-

(2.) Departmental Inquiry was made and a report dated 5th September, 2001 submitted by the Inquiring Authority. The conclusions in the said report can be summed up as follows:-

(3.) Mr. Chatterjee appearing on behalf of the petitioner submitted that the Disciplinary Authority thereafter went on to differ with the findings of the Inquiring Authority on the same materials and evidence on record based on which the Inquiry Report had been made. Mr. Chatterjee submitted that the evidence both documentary and oral adduced in support of the charges were not such as to lead a prudent and reasonable person to differ with the conclusions of the Inquiring Authority. As such the writ petitioner has challenged the order of dismissal dated 19th October, 2001, the appellate order dated 15th July, 2002 confirming such dismissal and the order dated 4th April, 2003 passed by the Reviewing Authority, as bad and should all be set aside.