NARENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) While the appellant, Narendra Kumar Singh, had been working as the Mananger, Regional Office, Bihar Kshetriya Gramin Bank, Munger (hereinafter referred to as 'the respondent Bank'), he was served with a charge sheet, issued under the signature of respondent No. 3, namely, Chairman, Bihar Kshetriya Gramin Bank, Munger.

(2.) The charge, in substance, against the appellant was that the appellant had furnished false date of birth and produced a tempered birth certificate in this regard, while seeking appointment in the respondent Bank. Denying the allegations so levelled against him, the appellant replied to the notice to show cause against the charge. In his reply to the notice to show cause, the appellant pointed out that his date of birth is in tune with the certificate, which has been issued by the Bihar School Examination Board, Patna.

(3.) Not being satisfied with the reply to the show cause notice, the disciplinary authority initiated a departmental proceeding against the appellant. The Enquiry Officer, on perusal of the records, including the reports of Bihar School Examination Board, Patna, and the School, wherein the appellant had studied, held the appellant guilty of the charge levelled against him. With this finding, the enquiry report, dated 09.08.2011, was submitted to the disciplinary authority, who, in turn, forwarded a copy of the said enquiry report to the appellant for his comments and the appellant replied thereto by his letter, dated 23.08.2011. Accepting the enquiry report, the disciplinary authority issued another notice, dated 14.09.2011, directing the appellant to give his response to the quantum of punishment. Pursuant to the notice, dated 14.09.2011, the appellant himself attended the hearing before the disciplinary authority on 26.09.2011 and made oral submissions, which were recorded in the form of proceedings, duly authenticated by the appellant. In his oral submissions, the appellant submitted to the effect that he had submitted the certificate, which he had received from the Bihar School Examination Board, Patna, and if the respondent Bank considered that his year of birth was 1952, he be allowed to work till the age of 60 years treating his year of birth as 1952. The disciplinary authority did not agree with the submission so made by the appellant and passed an order, on 30.09.2011, imposing, on the appellant, penalty of dismissal from service.