SUKUMAR BHATTACHARYA Vs. BANK OF INDIA & ORS

JUDGEMENT

(1.) This intra-court appeal has been filed, challenging the judgment and order dated February 26, 2004 passed by a learned Single Judge, in W.P. No.1490 of 2002. By the order impugned the learned Judge dismissed the writ petition without interfering with the orders of the disciplinary authority as also that of the Appellate Authority.

(2.) Before the learned Single Judge the appellant assailed the order of punishment dated May 31, 2001, of "dismissal without notice" passed in terms of Regulation 4 (j) of Bank of India Officer Employees (Discipline and Appeal) Regulation, 1978 (hereinafter referred to as the said Regulations) by the respondent no.3 as also the order dated February 19, 2002 passed by the respondent no.2, the appellate authority. The above orders were passed consequent upon initiation of a disciplinary proceeding against the appellant in terms of Regulation 6 of the Bank of India Officer Employees' (Discipline and Appeal) Regulation, 1976.

(3.) The facts of the case in a nutshell are as follows:- When the appellant was the Manager of the Salkia Branch of the respondent no.1, namely, Bank of India, (hereinafter referred to as the Bank), one Ajoy Kumar Mohanty described himself as the proprietor of Poly Cab Industries of Howrah expressed his desire to open a current account in the said branch. The appellant instructed the sub-staff to take the said person to the dealing official for the actual opening of the account, without complying with the necessary formalities. The said account was thereafter opened by an official of the bank on the instruction of the appellant, and a cheque book was also issued.