AMAN KUMAR Vs. CHAIRMAN

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh, learned counsel for the petitioner and Mr. Prabhakar Jha learned counsel for the respondents. With the consent of the parties the writ petition has been heard with a view to final disposal at the stage of admission.

(2.) The petitioner prays for issuance of a writ in the nature of certiorari for quashing of the order dated 4.5.2015 passed by the disciplinary authority whereby the petitioner has been visited with a punishment of removal from service in exercise of power vested under the provisions of Uttar Bihar Gramin Bank (Officers and Employees Service) Regulation, 2010 (hereinafter referred to as "the Regulations") impugned at Annexure 9. The petitioner also questions the appellate order dated 13.8.2015 whereby the appeal of the petitioner has been rejected impugned at Annexure-13.

(3.) The facts are in a very narrow compass and briefly stated is that the petitioner while working as an Office Assistant, Main Branch, Madhepura was served with the show cause notice asking reply on certain allegations leveled against him relatable to creation of fake account and illegal transfer of money by using the password belonging to the officers of a different branch which was duly replied by the petitioner vide Annexure-1 but not being satisfied that he was served with a memorandum of charges dated 17.12.2013 containing 7 article of charges together with the statement of imputation of misconduct in support of each article of charge, a copy of which is placed at Annexure-2. Surprisingly, the charge sheet even though leveling rather serious charge on the petitioner on his integrity made no reference to any evidence, either oral or documentary, on which it is sought to be established. The petitioner filed his reply to the chargesheet vide his statement of defence at Annexure-3 and also filed application for supply of relevant documents before the Enquiry Officer who was pleased to reject the prayer and uphold charge No.1 to 6 while exonerating the petitioner of the charge No.7. A copy of the enquiry report dated 24.12.2014 is present at Annexure-5. The petitioner being served with the enquiry report filed his explanation before the disciplinary authority on 2.2.2015 vide Annexure-6 but the disciplinary authority not being satisfied, served him with the order of proposed punishment on 25.3.2015 present at Annexure-7. The petitioner filed his reply to the proposed penalty vide Annexure-8 but has been visited with the order of penalty of removal from service passed on 4.5.2015 impugned at Annexure-9 to the writ petition which has been also confirmed in appeal when it was dismissed by the appellate authority on 13.8.2015 impugned at Annexure-13 to the writ petition. The petitioner feeling aggrieved is before this court.