RITA PRASAD Vs. BOARD OF DIRECTORS

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna raises a grievance with respect to the order dated 9.5.2001, passed by a learned Single Judge of this Court, in C.W.J.C. No.12375 of 1999 (Ranjan Kumar V/s. The Board of Director through its Chairman, Nalanda Gramin Bank, Biharsharif & Others), whereby the writ petition has been dismissed, and the departmental proceeding leading to dismissal from service of the writ petitioner has been upheld. The Bank had placed on record its counter affidavit in the writ proceedings.

(2.) Ranjan Kumar, the writ petitioner, died during the pendency of the present appeal and has been substituted by his heirs including his widow. We shall describe Ranjan Kumar as 'the employee'.

(3.) A brief statement of facts essential for the disposal of this appeal may be indicated. The employee had joined the services of the respondent Bank on 17.1.1983, as an officer. He was placed under suspension on 17.2.1995, in contemplation of a departmental proceeding. The charge-sheet incorporating six charges was served on 14.6.1995. He had shown cause before the learned enquiry officer. He had submitted his application dated 11.1.1997, for permission to be represented by a lawyer in the enquiry proceeding. The same was rejected by the Bank's Chairman by communication dated 18.1.1997. The learned enquiry officer submitted his report dated 2.12.1997, wherein he held that all the six charges have been proved. Second show-cause notice dated 25.2.1998 alongwith a copy of the enquiry report was served on the employee as to why punishment of dismissal from service be not inflicted on him. The employee had shown cause on 14.3.1998. On a consideration of the materials on record including the cause shown by the employee the learned disciplinary authority passed order dated 31.3.1998, dismissing the employee from service. The employee's appeal was dismissed by order dated 14.9.1999, leading to the writ petition which has also been dismissed.