SAT PAL Vs. REGISTRAR, CO

JUDGEMENT

(1.) In this case, the petitioner has challenged the order of dismissal dated 8th October, 1994 (Annexure P-l) passed by the Disciplinary Authority and the order, dated 5th January, 1996 (Annexure P-4) passed by the Appellate Authority.

(2.) Briefly stated, the facts of the case are that the petitioner who was employed as Secretary with the respondent Bank was placed under suspension vide order, dated 19th December, 1991 pending Disciplinary proceedings. Thereafter, he was issued charge sheets dated 14th July, 1992, 11th December, 1992 and 27th September, 1993 for certain acts of misconduct committed by him. The charges were enquired into by the Inquiry Officer appointed by the Disciplinary authority and the Inquiry Officer held him guilty of the charges. Thereafter, the petitioner was dismissed from service vide order, dated 8th October, 1994. The appeal filed by him was also rejected by the appellate authority vide order dated 5th January, 1996 (Annexure P-4). Aggrieved by the aforesaid orders, the present writ petition has been filed.

(3.) Mr. S.P. Singh, learned counsel appearing on behalf of the petitioner submitted that the petitioner was placed under suspension on 19th December, 1991 and in terms of rule 303 of the rules applicable to him, the Manager of the respondent-Bank was required to refer the case of the petitioner to the Board since the Inquiry proceedings could not be completed within one year from the date of suspension. He, therefore, contended that since the matter was not referred to the Board within one year after the date of suspension, the disciplinary proceedings initiated and the impugned orders were liable to be set aside. In support of his submission, the learned counsel placed reliance on the decision of this Court dated 24th July, 1984 in CWP No. 1730 of 1983, (the Faridabad Central Cooperative Bank Ltd versus Deputy Registrar (Planning) Cooperative Societies Haryana Chandigarh).