RAMESH PRASAD KARN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) HEARD Mr. Atul Chandra, counsel appearing in support of this writ petition and Mr. S.K. Sinha, Senior Advocate representing the respondent State Bank of India and its officials.

(2.) THE petitioner was an employee of the Bank. He was dismissed from service in a disciplinary action relating to a number of charges. The order of dismissal was passed by the disciplinary authority, who happens to be the Assistant General Manager, Region III, on 2.2.2000. The petitioner 'sappeal against the order of his dismissal was dismissed by order, dated 13.7.2000 passed by the Deputy General Manager, the appellate authority. This writ petition has been filed challenging the aforesaid two orders and this is the fourth time the petitioner is before this court in connection with the controversies arising from the disciplinary proceeding held against him.

(3.) IT appears that for filing his reply to the charges and then again at the stage of the second show - cause notice, the petitioner had asked for certain documents. The bank, however, maintained that those documents were of no relevance to the charges. In that view the bank neither gave the petitioner the documents asked for by him nor informed him of its reason for not giving the documents. This court took the view that the failure of the bank to supply the documents demanded by the petitioner or atleast to tell him the reason for nor supplying those documents amounted to a denial of reasonable opportunity to the petitioner to effectively defend his case. On that ground the dismissal order was quashed and the matter was remanded to the disciplinary authority for proceeding afresh from the stage of the second show cause -notice. The operative portion of the order passed in the earlier writ petition, being CWJC No. 742 of 1995 is as follows :