AKSHYA KUMAR PANDA Vs. CHAIRMAN

JUDGEMENT

(1.) This writ petition is for issuance of direction upon the opposite parties as to why representation dated 6.2.1918 submitted by the petitioner along with consent letter of defence representative Sri Jogendra Nath Gharei under Annexure-10 series be not accepted in view of letter dated 28.12.2017 of the disciplinary authority as contained under Annexure-8 and further direction upon the disciplinary authority as well as the enquiry officer to accord permission to the petitioner to engage his defence assistant namely Jogendra Nath Gharei, EMP No.41617 employee of Uco Bank, Kankadahad Branch and then only to proceed with the disciplinary proceeding.

(2.) Brief facts of the case of the petitioner is that a disciplinary proceeding has been initiated against him in which he has entered his appearance and thereafter he has made an application in terms of the bipartite settlement dated 10.4.2002 allowing him to engage Advocate as defence assistant but the same having been rejected, he approached this Court by filing writ petition being W.P.(C) No.542 of 2018 and this Court, without interfering with the order dated 28.12.2017 whereby and where under claim of engagement of his Advocate as defence assistant has been rejected, has dismissed the writ petition. Thereafter, the petitioner has made application before the authority on 6.2.2018 giving therein the name of Jogendra Nath Gharei to allow him as Defence Assistant but according to the petitioner prayer has not been acceded to and on the very same day the enquiry proceeded and subsequently it has been closed. According to the petitioner, he has not been allowed adequate and sufficient opportunity to defend him even defence Assistant has not been allowed to be engaged, hence this writ petition has again been filed.

(3.) Opposite party-Bank has put its appearance through counsel who on the strength of the counter affidavit submits that this writ petition may not be entertained for the reason that the petitioner has adopted method to linger the disciplinary proceeding by filing number of writ petitions and this is the 6th writ petition.