MUKESH TANEJA Vs. DENA BANK AND ORS

JUDGEMENT

(1.) The appellant joined the respondent Bank as Agricultural Officer Scale-I on 29.9.1980 and was confirmed on 01.10.1982. He was promoted as Manager Scale-II and posted at the Head Office, Bombay, where he joined on 16.1.1989. According to the appellant, because of sudden pain in his abdomen, he came to Karnal on 21.1.1989. But as per the case of the bank, the appellant remained continuously absent w.e.f. 22.1.1989 and had also committed serious irregularities in recommending certain loan cases, while he was posted as Agricultural Officer at Gurdaspur Branch of the bank. A departmental inquiry was initiated against the appellant in which he was held guilty and awarded two penalties (i) reduction in basic pay by two stages and (ii) removal from service with immediate effect. The appellant challenged the order of penalty dated 12.11.1991 by way of an appeal which was dismissed vide order dated 15.2.1994.

(2.) The learned Single Judge found that the appellant did not appear in the enquiry as his authorised representative walked away. It has also been found that the appellant had worked at Bombay only for a week and thereafter, on one pretext or the other, remained unauthorisedly away from his work place despite repeated instructions to join duty at Bombay. The learned Single Judge did not agree with the cause shown by the appellant that since he was suffering from jaundice and gastric trouble, he remained bed ridden for over a period of one and half years.

(3.) In this appeal, learned counsel for the appellant drew attention of this Court to para 4 of the written statement to contend that since he was transferred to Bombay on his own request, there was hardly any reason of remaining unauthorisedly absent. He has submitted that as the appellant had remained sick, could not join his duty, which has been termed as 'unauthorised absence' by the respondents.