NARAYAN MISHRA Vs. INDIAN OVERSEAS BANK & OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for declaration that the enquiry report as well as the order of dismissal from service is void, non-existent and he is deemed to be continuing in service.

(2.) The plaintiff was appointed as a Probationary Officer in the Indian Overseas Bank, Rayagada (Bank) on 15.4.1975. He was deputed as a Manager, Puri Gramya Bank. While functioning as the Manager, Sahidnagar Branch, he was placed under suspension on 9.5.1983. The following charges were framed against him for certain acts of omission and commission.

(3.) A copy of the charge sheet was furnished to him. He was asked to show cause. He submitted explanation denying the charges. An enquiry officer was appointed to enquire into the charges. The enquiry officer submitted the report holding that charge nos.1,3,4,5 and 9 had been proved and charge nos.2,6,7,8 and 10 had been partially established. The disciplinary authority passed the order of dismissal on 26.9.1987. He filed an appeal before the General Manager of the Bank. But then, the appeal was dismissed on 15.6.1989. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.