RAMDEO SINGH Vs. SIWAN KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) THE petitioner was an employee of the Siwan Kshetriya Gramin Bank (hereinafter referred to as the Bank). He was proceeded against in a disciplinary action on the charge of mis -appropriation of a sum of Rs. 19,000/ - and causing destruction of the related documents. In the departmental enquiry the charges were found established and on the basis of the enquiry report he was dismissed from service by order, dated 11.3.97. The petitioner 'sappeal against the order of his dismissal was rejected by the Board of Directors by order, dated 24.9.1997. He challenged the order of his dismissal and the order passed on his appeal before this Court in C.W.J.C. No. 11008 of 1997. In that case this Court found that the Appellate authority had failed to pass a reasoned order dealing with the contentions raised on behalf of the petitioner -appellant. This Court, therefore, set aside the order passed in appeal and remitted the matter to the Appellate authority for passing a fresh order, in accordance with law. It is to be noted that this Court at that stage did not interfere with the order of dismissal passed by the disciplinary authority.

(2.) ON remand the Appellate authority reconsidered the petitioner 'sappeal and once again rejected it by order dated 12.6.2001.

(3.) THIS time the petitioner makes the departmental enquiry as the focus of its attack and Mr. S.S. Asghar Hussain learned senior counsel appearing in support of this writ petition submitted that the disciplinary proceeding against the petitioner was vitiated for the following three reasons :