HARISH AGGARWAL Vs. BANK OF INDIA AND OTHERS

JUDGEMENT

(1.) This is a second round of litigation at the instance of the petitioner to challenge the order of his removal from service, passed by the Punishing Authority invoking jurisdiction of this Court under Articles 226/227 of the Constitution of India. On the same articles of charges, the Disciplinary Authority had earlier passed order dated 13.11.1991( Annexure P-7), by which penalty of removal from service, was inflicted. The petitioner challenged that order in CWP No.18089 of 1991, which was allowed vide judgment dated 22.4.1994 ( Annexure P/8), of this Court, basically on the ground that the Punishing Authority was influenced by the advice tendered by the Vigilance Officer and the order of removal of the petitioner from service was quashed with a direction to the Disciplinary Authority to reconsider the matter in accordance with law. It was further directed that the Disciplinary Authority after affording an opportunity of hearing to the petitioner shall pass appropriate order within two months. The order of removal of petitioner from service now under challenge is dated 20.06.1994 (Annexure P-9).

(2.) The petitioner, as Bank Officer, is governed by the Bank of India Employees ( Discipline and Appeal ) Regulations,1976 ( for short to be described as "1976 Regulations") for the acts of misconduct alleged to have been committed by him while posted as Staff Officer in the main Branch of the respondent-Bank at Chandigarh at the relevant time.

(3.) The petitioner was appointed as a Probationary Officer with the respondent-Bank vide appointment letter dated 17.12.1981 and he joined respondent-Bank on 5.1.1982. During tenure of his service, he was transferred from place to place and during his posting at Chandigarh Branch, he committed the alleged acts of misconduct.