J&K BANK LTD Vs. MOTI LAL WATTAL

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree dated 07 -02 -1998 passed by the 2nd Additional District Judge, Jammu. The plaintiff is a dismissed employee of the Jammu & Kashmir Bank Ltd. He was dismissed from service vide order dated 23/06/1976. The suit challenging the order of dismissal was filed in April, 1983. Following facts are not disputed :

(2.) THE plaintiff at the time disciplinary action was initiated against him was an officer. He was served with a charge sheet dated 26 -07 -1973. The inquiry was held by an officer of the Bank who was duly appointed by the Competent Authority. He was found guilty and dismissed from service by the impugned order. The inquiry was held in accordance with the Jammu and Kashmir Bank Limited Revised Recruitment, Discipline and Appeal Rule, 1972. The plaintiffs challenged the finding and consequential order of dismissal on the ground that no charge was proved against him and the inquiry proceedings as well as the findings were illegal and without basis. The relief claimed by him in the suit is that the order of dismissal be set aside and he be treated in service" and a decree for Rs.1,95,954/ - as arrears of salary and allowances upto 31/08/1982 be passed in his favour. The defendants resisted the suit, justifying the inquiry as well as the finding and the order of dismissal. Parties joined issues which read as under: 1. Whether the inquiry held against the plaintiff is bad being against the rules of natural justice and rule 44 of the J&K Bank Ltd (Revised Recruitment, Discipline and Appeal) Rules? O.P.P 2. Whether the plaintiff was charge -sheeted by an unauthorised person, as such, the enquiry is illegal? O.P.P

(3.) WHETHER the order of dismissal is illegal, biased and unjustified and passed by an authority not competent to pass and if so, what is its effect? O. P. P