CHANCHAL KUMAR GHOSH Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed, inter alia, challenging the show-cause notice dtd. 18/5/2002, the Articles of Charge dtd. 19/8/2002, the enquiry report dtd. 11/1/2003, the Final Order dtd. 26/3/2003 and the Appellate Order dtd. 11/8/2006.

(2.) The petitioner was appointed as a Clerk in the Union Bank of India (hereinafter, the 'respondent bank') and by dint of his sincerity, devotion and perseverance had risen to the rank of the Assistant Manager. Unfortunately, by an order dtd. 27/12/2001, the petitioner was placed under suspension with immediate effect. Following the aforesaid, he was issued a show-cause notice on 18/5/2002 alleging of his involvement in misappropriation and embezzlement of the respondent bank's finances and utilizing the same for his personal use. The petitioner had duly responded to the said show-cause. The respondent bank, however, having found the said explanation to be neither convincing nor satisfactory, by a communication in writing dtd. 19/8/2002 had served upon the petitioner the Articles of Charge and had called upon him to submit written statement of defence. Particulars of the Articles of Charge as leveled against the petitioner are extracted hereinbelow:

(3.) Following the aforesaid, by an office order dtd. 14/9/2002, the Disciplinary Authority being the Chief Manager appointed an enquiry officer to enquire into the charges leveled against the petitioner. In the interregnum, the petitioner had filed a departmental appeal against the order of suspension. Since, the same was kept pending, the petitioner had filed a writ petition, which was registered as W.P. No. 11667 (W) of 2002. On contest, the said writ petition was disposed of by an order dtd. 27/8/2002, by directing the appellate authority to dispose of the appeal positively within ten days with a further direction on the disciplinary authority to complete the disciplinary proceeding within two months.