DURYODHAN LENKA Vs. CHAIRMAN, BOARD OF DIRECTORS

JUDGEMENT

(1.) The petitioner, who was working as Field Officer in the Kalinga Gramya Bank, Naharana Branch, previously known as Cuttack Gramya Bank, has filed this writ application challenging the order of punishment of dismissal from service dated 21.6.2003 (Annexure-18) and also the affirming appellate order dated 21.11.2003 vide Annexure-19 with a further prayer to direct reinstatement of his service with all consequential service benefits.

(2.) It may be mentioned here that earlier this writ application had been disposed of vide judgment dated 13.4.2009 quashing the original and appellate orders of punishment under Annexures-18 and 19 with direction to reinstate the petitioner in service with 50% back wages, giving a liberty to the opposite parties-management to go for denovo disciplinary enquiry. The opposite party-Bank challenged the said judgment by filing Civil Appeal No.397 of 2010 (arising out of SLP (C) No.21235 of 2009) before the apex Court. By order dated 15.01.2010 the Hon'ble apex Court set aside the earlier judgment of this Court and remitted the matter directing this Court to decide the writ application afresh on merits. This is how the writ petition was again heard.

(3.) The case of the petitioner, as per averments made in the writ application is that while working as an Officer in the Head Office of the Cuttack Gramya Bank, a departmental proceeding was initiated against him and he was served with statement of allegations and articles of charges under letter dated 22.03.2003 of the disciplinary authority (Annexure-9) with a direction to submit his written statement of defence within seven days. The charges were served through a Special Messenger while the petitioner was on leave. The charges against the petitioner read as follows :