BHIMSEN GOCHHAYAT Vs. REGIONAL MANAGER BANK OF INDIA

JUDGEMENT

(1.) THIS case has a chequered history. ThePetitioner filed this writ petition for quashing the order of dismissal dated11.05.1991 (Annexure -2) passed against him without prior notice by theRegional Manager and Disciplinary Authority (O.P. No. 1), and Annexure -3dated 28.04.1995 wherein the said order of dismissal was modified to INDIAN LAW REPORTS, CUTTACK SERIES [2010]termination of service with three months' pay and allowance in lieu ofservice by the Zonal Manager, the Appellate Authority (O.P. No. 2).

(2.) THIS Court vide judgment dated 15th March, 2007 allowed the writ petition by quashing Annexures -2 and 3 and directing the opp.parties to reinstate the Petitioner in service. Against the said judgment, the opp.party -Bank preferred Civil Appeal No. 798 of 2008 in the Hon'ble Supreme Court. The apex Court vide its order dated 12th August, 2009 set aside the order of this Court and remanded the matter to this Court to decide the same afresh. The relevant portion of the order passed by the apex Court is quoted below:

(3.) MR . Mishra, learned Counsel appearing for the Petitioner has raised two questions for consideration by this Court, i.e., (i) the disciplinary proceeding has been completed without following the principles of natural justice; and (ii) the punishment awarded to the Petitioner is disproportionate to the charges framed.