SHIBNATH SAHA Vs. BANK OF BARODA

JUDGEMENT

(1.) THE petitioner, Shibnath Saha, by filing the instant application under Article 226 of the Constitution, sought for setting aside and/or cancellation of the order dated 20th July, 2004 passed by the Disciplinary Authority and the order dated 4th april, 2005 passed by Appellate Authority as well as the order of the Reviewing Authority. Apart from other reliefs, the petitioner also sought for a direction upon the respondent authorities for not giving any further effect to the aforesaid orders. Grievances of the writ petitioner may be summed up as follows:-

(2.) THE petitioner was posted as a Branch Manager of Kharsa Branch, Bank of Baroda, district- Murshidabad under West Bengal and Sikkim Region of the Bank. He was in such rural branch from February, 2001 to 17th May, 2003. This was his second posting in rural branch. By an office order dated 17th July, 2003, the petitioner was all on a sudden placed under suspension by respondent No. 6. By letter dated 9th September, 2003, the said respondent No. 6 directed the petitioner to show cause as to why disciplinary action should not be initiated for alleged irregularities in Kharsa Branch, Murshidabad. The petitioner replied to the said show cause, thereby denying the material allegations made against him. The respondent No. 6, by Memorandum dated 12th December, 2003, issued a purported charge sheet whereby certain charges were brought against him. It was alleged that the petitioner violated Regulations 3 and 24 of the Bank of Baroda Officer Employees" regulation, 1976. The petitioner was directed to submit a written statement of defence. Petitioner accordingly submitted such written statement on 30th January, 2004, thereby denying all the charges brought against him. A departmental enquiry was thereafter started. Respondent No. 9 was appointed as Enquiring Authority to conduct and enquire in respect of the charges set out in the charge sheet. The petitioner was directed to appear for a preliminary hearing by a notice dated 9th February, 2004. On the date of preliminary enquiry being 17th February, 2004, both the petitioner as well as the Presenting Officer were directed to submit all relevant documents and witnesses by 25th of February, 2004. The presenting Officer produced documents before the Enquiring Authority, which were marked as MD-1 to MD-10 and certain others, collectively marked as "p-11". Three witnesses produced by the respondent authority were examined and cross-examined. The enquiry was made in a perfunctory manner. The Presenting Officer submitted his written statement of argument by letter dated 12th March, 2004. The petitioner gave a reply to the same on 22nd March, 2004.

(3.) THE Enquiring Authority, being respondent No. 9 herein, submitted the enquiry report dated 23rd March, 2004, inter alia, holding that the charges against the petitioner have been proved. Respondent No. 6, while forwarding a copy of the report submitted by the Enquiring Officer, directed the petitioner to make his representation against the findings. Petitioner did so on 23rd March, 2004. The Disciplinary Authority, being respondent No. 5, issued purported final order of punishment dated 20th July, 2004. The petitioner was thereby inflicted with the punishment of removal from service. It was indicated that such order shall not be a disqualification for future employment. The respondent No. 5 also imposed that the suspension period would be treated as period not spent on duty and the petitioner would not be entitled to any monetary and other consequential benefits during the suspension period. The petitioner preferred an appeal and the appellate authority, being respondent No. 3 by order dated 4th April, 2005, dismissed the appeal. Petitioner thereafter filed a review application before the Chairman-cum-Managing director. A reminder was issued thereafter on 15. 3. 2006. But instead of the Chairmancum-Managing Director, the Reviewing Authority, i. e. respondent No. 2, the A. G. M. , respondent No. 7 sent a letter dated 8th May, 2006 dismissing the review application.