ASHOK KUMAR SHARMA Vs. CANARA BANK AND OTHERS

JUDGEMENT

(1.) The petitioner was working as Manager with the Canara Bank. Vide order dated October 4, 1989 he was dismissed from service. He filed an appeal which was rejected vide order dated June 11, 1990. Aggrieved by these orders, the petitioner has approached this court through the present writ petition. The enquiry proceedings as well as the orders of dismissal and rejection of appeal have been impugned on grounds of bias, violation of the principles of natural justice as well as rules. It has also been contended that the orders of punishment are arbitrary and the doctrine of proportionality has been invoked to challenge the imposition of the punishment of dismissal. The respondents have controverted the petitioner's claim by filing a detailed written statement.

(2.) Arguments have been heard at some length. On behalf of the petitioner, it has been contended that the action of the respondents suffers from the vice of bias and that the enquiry proceedings were totally violative of the principles of natural justice. It has also been contended that the petitioner was not permitted to avail of the services of an officer to assist him during the enquiry proceedings and that the punishment awarded to the petitioner is disproportionate to the charges proved against him. On behalf of the respondents, it has been contended by Mr. Aggarwal that the allegations made in the petition having been denied by the respondent Bank, this Court cannot examine the disputed question of fact in the exercise of its jurisdiction under Article 226 of the Constitution. According to the learned counsel, the only forum where disputed point can be settled is before a Civil Court wherein evidence can be led by the parties in support of their respective claims.

(3.) In view of the objection taken on behalf of the respondent- Bank, Mr. Punchhi, learned counsel for the petitioner, has submitted that the petitioner is willing to file a civil suit provided the respondents do not raise the objection of limitation.