TAPATI MONDAL Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) THIS appeal is at the instance of the writ petitioner assailing the judgment and order passed by the learned Single judge whereby and whereunder the said learned Judge dismissed the writ petition without granting any relief to the writ petitioner who, however, died during the pendency of the present appeal. In view of the death of the sole appellant during the pendency of the appeal, his heirs have been substituted as appellants.

(2.) THE deceased appellant was an employee of the respondent-bank and the departmental proceeding was initiated by the bank against the said deceased appellant on the basis of the charge-sheet dated 19th february, 1993. The said charge-sheet was issued by the Regional manager of the respondent-bank and the Disciplinary Authority of the deceased appellant.

(3.) DURING the pendency of the departmental proceeding, several writ petitions were moved by the deceased appellant before this Hon'ble court alleging various illegalities and/or irregularities in the matter of conducting the disciplinary proceeding. Ultimately, the enquiry report was submitted by the Enquiry Officer before the Disciplinary Authority. Upon receipt of the said enquiry report, the Disciplinary Authority communicated the same to the deceased appellant and also granted an opportunity to make representation in connection with the said enquiry report. The deceased appellant thereafter submitted his representation in connection with the said enquiry report wherein a specific allegation was made by the said deceased appellant to the effect that appropriate opportunity was not granted for production of the defence witness and furthermore, he could not effectively cross-examine the material witnesses namely, MW-1, mw-2 and MW-3.