DHARNI DHAR SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) IN this writ petition, the petitioner has assailed the validity of the order contained in Annexures 10. and 12 whereby and whereunder he has been dismissed from service and the same has been affirmed by the appellate authority.

(2.) IN short, the relevant facts are that the petitioner initially joined the services of respondent Bank as Class IV employee on 1.5.1969. He was only middle pass but he claims to have served the respondent Bank with his full ability and sincerity and also to the full satisfaction of his superior authorities. Under the rules, he was allowed to appear at the departmental examination and on his success in November, 1979, he was promoted and posted as Cashier -cum -Godown Keeper of respondent Bank at Laheriasarai. Subsequently, the petitioner was transferred to Chicharibuzurg Branch of respondent Bank in the district of Madhubani as Head Cashier in June, 1991. In November, 1992, the then Branch Manager of the said Branch was transferred and the petitioner being Head Cashier was directed to take charge of Branch Manager till the posting of regular Branch Manager. It is claimed that the petitioner having no knowledge about the Managerial and Accounting Works, showed his inability, but the Regional Manager, Darbhanga, respondent no. 4 had assured for posting of regular Branch Manager in a few days and directed him to run the Branch till the alternative arrangement.

(3.) RESPONDENT no. 5 finally submitted his enquiry report (Annexure -7) on 26.8.1995 in which he has found that charge nos. 3 and 4 were admitted by the petitioner and charge nos. 1 and 2 as proved. The Disciplinary Authority on consideration of the enquiry report and the materials available on record held ' the petitioner guilty and proposed for imposition of punishment as follows: