MUKESH TANEJA Vs. DENA BANK

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India to challenge the order dated 12.11.1991 (Annexure P/17) passed by the disciplinary authority of the Dena Bank imposing two penalties, (i) reduction in basic pay by two stages with cumulative effect on charge No. 1 and (ii) removal from service with immediate effect on charge No. 2 and the order Annexure P/19 dated 15.2.1994 passed in appeal by the Appellate Authority dismissing his appeal against the order of punishment.

(2.) The petitioner joined as Agricultural Officer Scale I on 29.9.1980 and was confirmed on 1.10.1982. He was transferred to Jalandhar on 4.10.1980 and thereafter at Gurdaspur on 12.12.1985 where he remained till November, 1987 and from there he was transferred to the branch of the Bank in Samana Bahu. The petitioner was promoted as Manager Scale II and posted at the Head-Office, Bombay where he joined on 16.1.1989. According to the petitioner he suffered a sudden pain in the abdomen and came on 21.1.1989 to Karnal, his home town. The version of the respondent-Bank is that the petitioner remained continuously absent with effect from 22.1.1989 and committed serious irregularities in recommending certain loan cases while he was posted as Agricultural Officer at Gurdaspur Branch of the Bank.

(3.) The petitioner was served with a charge sheet (Annexure P/3) dated 20.8.1990 containing the following charges: