MADHUSUDAN DIKSHIT Vs. UCO BANK

JUDGEMENT

(1.) THIS writ petition has been filled with a prayer for quashing the impugned order of punishment dated October 21, 2000 (Annexure-6) passed by the Deputy General manager and Discipline Authority, UCO Bank in departmental proceeding awarding punishment against each charge in terms of the UCO Bank officers Employees' (Discipline and Appeal)Regulations 1976, relevant portion of which is reproduced as under:

(2.) THE brief facts of the petitioner's case is that he was initially appointed as Officer' grade-D i. e. in the Scale-I Cadre on November 12, 1976 and subsequently he was promoted to scale-11 Cadre on January 1, 1998 and is continuing as such till date. During incumbency of the petitioner as Manager of College Square branch, Cuttack from September 27, 1988 to july 8, 1995, the opposite party, basing upon the statement of allegations regarding the act of commission of omission made by the petitioner, framed nine articles of charges. After receipt of the statement of-allegations of article of charges, the petitioner requested the authorities to permit him to inspect the incriminating materials but in that regard no response was made from the opposite party-bank authorities. Being aggrieved the petitioner filed O. J. C. No. 6909 of 1999, which was disposed of on June 28, 1999 by directing the opposite parties to permit the petitioner to inspect the relevant records/register to enable him to submit his written statement. In spite of specific order passed by this Court, the authorities did not allow the petitioner sufficient opportunity to inspect the document. Further it has been submitted that the alleged incident relates to the year 1995 and the proceeding was initiated in the year 1997 that too just a few days before the name of the petitioner got recommended for promotion to the next scale and since the departmental proceeding was pending against the petitioner, he could not enjoy the promotional benefit even though his case was a fit case for promotion to next scale against which the petitioner filed O. J. C. No. 13561/1999. By order dated July 28, 2000, the said writ petition was disposed of with a direction to the opposite parties to conclude the inquiry and take a decision thereon within a period of eight weeks from the date of appearance of the petitioner before the concerned authority. The petitioner was also directed to appear before the concerned authority on the August 9, 2000 and cooperate in the conduct of the proceedings and the days of adjournment taken by the petitioner shall be excluded for the purpose of computing the period of eight weeks and it was also directed that on failure of the authorities to conclude the inquiry and take a decision thereon within the said period, as directed, the departmental proceedings in question snail stand quashed. Thereafter, on October 14, 2000, the disciplinary authority passed the impugned order. Hence the writ petition.

(3.) THE instant writ petition came up for hearing before this Court on November 28, 2005 which was dismissed with the following order :