GYANENDRA KUMAR DUBEY Vs. THE CHAIRMAN

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 30.12.2005 issued by the Deputy General Manager (Zone), Punjab National Bank, Disciplinary Action Cell, Integrated Zonal Office, Patna whereby it has been decided to impose punishment of dismissal from service upon the petitioner herein. Lastly, it has been prayed to reinstate the petitioner back in service and grant all the consequential benefits along with the arrears of salary, increment, promotion etc.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner joined as Management Trainee in the service of Punjab National Bank at Patna on 21.12.1981. Subsequently, the petitioner was promoted in the year 1990 to the post of MMGS II Scale. While the petitioner was posted at the Baikatpur Branch as Branch Manager from 08.01.1998 to 24.12.1999, on 24.12.1999, a letter was issued by the Senior Regional Manager of the Bank to the petitioner herein, putting the petitioner under suspension on the allegation of commission of fraudulent activities by him. It is the case of the petitioner that without either framing any charge or initiating any departmental proceeding against the petitioner herein, the Banking authorities have purportedly conducted an inquiry against the petitioner and lodged an F.I.R. on 22.02.2000 against the petitioner herein and on the same day, the petitioner was arrested from his residence and put behind bars, whereafter he remained in custody for about one and a half years i.e. till 02.08.2001 when he was enlarged on bail. Thereafter, a charge- sheet dated 17.08.2002 was served on the petitioner herein directing the petitioner to submit his reply within 15 days. The allegation in nutshell was with regard to the petitioner being involved in handling unauthorized and fraudulent transactions and entering into unauthorized transactions by using his official position, deliberately undertaking fraudulent transactions to cover up fictitious entries made by him earlier, passing of wrong information to his controlling authority, misusing the Government subsidy / DICGC claim amount through deceitful transactions, not ensuring safe keep of documents, vouchers, ledger-sheets etc., with the intention to conceal his fraudulent act and creating fake demand loans in the name of Sundry parties. The petitioner had requested for supplying of certain documents, however, the same was not supplied to the petitioner. The Disciplinary Authority had then appointed an Inquiry Officer vide order dated 06.06.2003, however, the said Inquiry Officer was junior to the petitioner herein, hence, the petitioner had requested for changing the said Inquiry Officer, however to no avail resulting in the petitioner approaching this Court vide C.W.J.C. No. 11006 of 2003 wherein this Court had passed an order dated 25.11.2003 and then, the Disciplinary Authority by an order dated 24.12.2003 had appointed another Inquiry Officer and it was decided to hold de novo departmental inquiry against the petitioner herein.

(3.) The further case of the petitioner is that since the Bank had refused to supply the relevant documents demanded by the petitioner herein, he was constrained to approach this Court by filing a writ petition bearing C.W.J.C. No. 3438 of 2004 and this Court by an order dated 31.03.2004 had held as follows:-