BRIJ MOHAN GUPTA Vs. CANARA BANK

JUDGEMENT

(1.) Present writ petition is filed being aggrieved of termination order dtd. 31/3/2014 by which the petitioner was dismissed from service in view of the charge-sheet dtd. 9/1/2013. It is also noted that against the said dismissal order, an appeal was preferred and the same was also dismissed by the Appellate Authority vide order dtd. 31/1/2014. Review application filed by the petitioner was also rejected vide order dtd. 29/11/2014 and therefore the present writ petition has been filed by the petitioner.

(2.) It is submitted by learned counsel for the petitioner that the petitioner was appointed on 1/5/1984 on the post of clerk with the respondent-Bank against substantive vacancy through regular selection. He was promoted on 2/4/2005 as a Junior Manager Grade-1. The cause and controversy in the matter arose when on 21/12/2012, while the petitioner was working as an Officer in Karauli Branch of respondent-Bank, he came to be suspended under contemplation of disciplinary proceedings and a show-cause-notice (SCN) dtd. 8/2/2013 was issued regarding certain irregularities observed in the advances portfolio of Branch in relation to certain accounts.

(3.) In response to the said SCN, the petitioner submitted a detailed reply on 18/3/2013 refuting each and every charge levelled against him. It is submitted that Karauli Branch was a small branch having staff of only three employees; a Manager, petitioner himself and a IVth class employee, wherein the petitioner was discharging duties of handling Cash and Report Sec. , used to make entries only on the directions given by the Manager. Impugned charge-sheet (Annexure-4) was issued and served under Regulation 6 of Canara Bank Officer Employees (Discipline and Appeal) Regulation, 1976 (in short 'Discipline Regulation 1976') for violation of Regulation 3(1) read with Regulation 24 of Canara Bank Officer Employees (Conduct) Regulation, 1976 (in short 'Conduct Regulation 1976') wherein allegation for mala-fide, misconduct, dishonesty with authority were specified along with charges of connivance with Manager Mr. Bairwa.