ARUN KUMAR SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) By this application under Art. 226 of the Constitution of India the petitioner seeks a writ in the nature of certiorari to quash the order of the disciplinary authority dated 25th Oct., 1990 (Annexure-8) whereby he was awarded punishment of dismissal under clause 196(a) of the Bipartite Settlement, letter dated 6.11.90 of the Regional Manager (Annexure- 9) intimating the order of dismissal and the appellate order dated 15.4.91 (Annexure-14) dismissing the appeal preferred against the dismissal order.

(2.) The petitioner was appointed as a peon in the Central Bank of India on 20.4.1981. In due course he was confirmed in service. The petitioner asserts that his service record throughout was very satisfactory. The petitioner was a non-matriculate when he entered the service of the bank. In 1982 he appeared in an examination conducted by Hindi Vidyapith, Deoghar as a private candidate. The certificate granted by the institution is treated to be equivalent to matriculation certificate. Under the relevant rules, the petitioner was entitled to consideration of promotion to cadre of clerk without qualifying test if he passed in first division. According to the petitioner he was declared passed in the 1st division. He was given a certificate of having passed in first division and marks-sheet. On 3.2.83 the petitioner submitted an application alongwith the certificate granted by the Vidyapith praying that he may be promoted to the cadre of clerk. The petitioner not only was not promoted but he was also served a notice by the bank that the petitioner had passed in 3rd division and not 1st division and the certificate and marks-sheet submitted by the petitioner were forged documents. The notice is reproduced below:

(3.) The petitioner was directed to submit his explanation to the Chief Manager of the bank as to why disciplinary action should not be taken against him for his said acts and omissions.