LALIT KUMAR SINGH Vs. ARUNACHAL PRADESH RURAL BANK

JUDGEMENT

(1.) In this writ petition, under Article 226 of the Constitution of India, the petitioner, namely, Shri Lalit Kumar Singh has put to challenge the enquiry report, dtd. 1/5/2018, submitted by the Enquiry Officer, (holding that out of 6(six) charges, 4(four) have been proved, one not proved and one partly proved), and the order of punishment, dtd. 2/6/2018, passed by the disciplinary authority inflicting major punishment of removal of the petitioner from service, with immediate effect and also imposing fine upon him.

(2.) The factual background leading to filing of the present writ petition is adumbrated herein below:-

(3.) The respondent authorities have submitted affidavit-in-opposition denying all the averments made in the writ petition. It is stated that the petitioner has specifically admitted his guilt before the Enquiry Officer, and the offence committed by the petitioner is serious in nature and he had committed fraud with the Bank and thereby, caused huge pecuniary loss to the Bank and it also denied that the disciplinary proceeding was conducted by ignoring the principles of natural justice and fair play and that the petitioner participated in the enquiry proceeding and failed to defend his own case, instead he admitted his guilt, and besides the petitioner was given the right to appeal against the order passed by the disciplinary authority and the appellate authority, after examining all the documents on record, upheld the decision of the disciplinary authority but reduced the interest part by 50%. It is also stated that the Enquiry Officer had conducted the enquiry following due process of law and the petitioner was given ample opportunity to examine the witnesses, but, the petitioner deliberately preferred not to examine the witnesses. Therefore, it is contented to dismiss the petition with cost.