LALLAN JEE PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondent-Bank as well as learned Senior Counsel for the State Vigilance Department. The petitioner in the present application is aggrieved by the order dated 10.3.2008 passed by the Board of Directors of the Respondent Bihar State Cooperative Bank Limited, Patna (hereinafter referred to as the Bank) issued under the signature of the Managing Director of the Bank, whereby punishment of dismissal from service has been imposed upon him. An order dated 8.1.2010 passed by the Appellate Authority against the said impugned order dated 10.3.2008 is also under challenge.

(2.) The petitioner at the relevant point of time was posted as Staff Officer in the Bank. On the allegation of gross irregularities and the misconduct pertaining to fraudulent misappropriation of the Bank money, a disciplinary proceeding was initiated against him for the following charges:--

(3.) The charge-sheet was issued vide order dated 8.9.2004 (Annexure-2A). It has been stated in the writ application that the petitioner thereafter demanded certain documents for the purpose of submitting his reply to the charge-sheet which was not supplied to him. The Enquiry Officer submitted his report which was communicated to the petitioner on 8.11.2007 asking him to show cause on the report of the Enquiry Officer. Thereafter, the impugned order dated 10.3.2008 came to be passed dismissing the petitioner from service. The petitioner preferred an appeal which was also stood dismissed by the order of the Appellate Authority dated 8.1.2010.