PRAMOD KUMAR AMBASHTHA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) In the month of August, 1980, the petitioner was appointed a Cashier-cum-Clerk in Allahabad Bank (hereinafter called the said Bank) in its Bhagalpur University Branch. Thereafter on the basis of certain allegations a departmental proceeding was initiated against him. The charges on the basis of which the proceeding was initiated against him are set out below :--

(2.) The petitioner denied the charges and thereafter the departmental enquiry followed in which the enquiry authority by a report dated September 17, 1990 (Annexure-12) held that the charges are proved. On October 4, 1990 a second show cause notice was issued to the petitioner asking him to show cause why the penalty of dismissal should not be imposed upon him. The petitioner gave a reply to the said second show cause notice and then by an order dated October 27, 1990 (Annexure-15) an order dismissing him from service was passed against the petitioner. Against the said order of dismissal the petitioner filed an appeal and the appellate authority also affirmed the dismissal order.

(3.) Thereafter the petitioner moved this Court by filing a writ petition challenging the departmental proceeding, the dismissal order as well as the appellate order. The said writ petition was numbered as C.W.J.C. No.2451 of 1991 and was heard and disposed of by a Division Bench of this Court by an order dated May 15, 1991. The said Division Bench while hearing that writ petition noted that three points were urged. Those points are (i) the disciplinary authority committed an illegality by taking into account the past conduct of the petitioner when past conduct was not the subject matter of charges against him, (ii) the opinion of the handwriting expert was considered by the disciplinary authority even though the said handwriting expert was not made available for cross-examination by the petitioner despite the fact that the petitioner wanted to cross-examine the said expert, (iii) the enquiry authority wrongly placed onus upon the petitioner.