PRAFULLA CHANDRA BEHERA Vs. DENA BANK

JUDGEMENT

(1.) THE petitioner, an employee of Dena Bank, has assailed in this writ application under Article 226 of the Constitution of India an order passed by the Regional Manager keeping his promotion from clerical cadre to officers cadre in abeyance as per his letter dated 30st June 1981, which has been appended to the writ application as Annexure-1, and the order of stoppage of two annual increments with cumulative effect by way of punishment in a disciplinary proceeding as per Annexure-15 dated 4th April 1984 and the order confirming the order of the disciplinary authority as per Annexure-16 dated 27th June 1984.

(2.) THE petitioner entered service under Dena Bank as a Clerk with effect from 21st June 1972. When his case was ripe for consideration for promotion, he took the competitive examination. By letter dated 30th June 1981 (Annexure-1), he was informed by the Regional Manager, Calcutta Region, that his promotion was kept in abeyance pending enquiry into the irregularities as reported by the Inspectors who inspected Cuttack Branch in April, 1981.

(3.) ON receipt of the aforesaid letter from the Regional Manager, the petitioner by his letter dated 10th July 1981 (vide Annexure-2) wrote to the Regional Manger denying the vague allegations and asked for a copy of the report submitted by the Inspectors to enable him to know the circumstances which appeared against him. By Annexure-3 dated 27th November 1981, a notice to submit explanation to the allegations contained therein was served on the petitioner. The petitioner reiterated his request for a copy of the inspection report vide Annexure-4 (b), dated 8th December 1981. On 18th December 1981, he was informed that a copy of the report could not be supplied to him, the report being confidential in nature. The petitioner showed cause vide Annexure-4 (a) dated 19th December 1981. He was served with a charge-sheet vide Annexure-6 dated 16th February 1982. He filed his statement in defence vide Annexure-7 (a) dated 26th February 1982 and prayed for a copy of the Inspectors' report and assistance of a lawyer vide his application dated 9th July 1982 (Annexure-7 (b ). His prayer for assistance was refused by the employer vide Annexure-8 dated 10th August 1982. Enquiry into the charges was held and vide Annexure-9 dated 10th August 1983 the Enquiry Officer exonerated the petitioner from all charges. The disciplinary authority, while agreeing with the conclusions of the Enquiry Officer as regards the charges, disagreed as regards one of the charges and proposed the punishment of stoppage of two annual increments with cumulative effect as per Annexure-13 dated 13th March, 1984. The petitioner showed cause and the final order was passed by the disciplinary authority confirming the punishment proposed vide Annexure-15 dated 4th April 1984. The petitioner was not successful in appeal vide appellate order dated 27th June 1984 (Annexure-17 ).