BANK OF BARODA Vs. DEEPAK SHANKHALA

JUDGEMENT

(1.) The instant intra court appeal under Rule 134 of Rajasthan High Court Rules is preferred to question the legality and validity of the order dtd. 3/8/2022 passed by the learned Single Bench, whereby writ petition No.9779/2008 preferred by the respondent was allowed and the order dtd. 29/3/2008 passed by the Disciplinary Authority and the order dtd. 11/9/2008 passed by the Appellate Authority under Bank of Baroda Officers and Employees (Disciplinary and Appeals) Regulations 1976 were quashed and the appellant employer was permitted to conduct denovo inquiry against the respondent employee.

(2.) We have heard and considered the submissions advanced by Ms.Shagun Mathur and Mr.Saurabh Surana learned counsel representing the appellants and Shri B.S.Sandhu Advocate representing the respondent and have gone through the impugned order and the documents placed on record with the writ petition.

(3.) Disciplinary proceedings were initiated against the respondent on account of prolonged absence from duty. It is alleged that the respondent did not choose to appear before the Inquiry Officer despite service of notice and repeated intimations. Accordingly, ex-parte inquiry was initiated. Inquiry Officer submitted a report dtd. 28/6/2007. However, a bare perusal of this report would indicate that no conclusions were drawn by the Inquiry Officer in the report. It is further relevant to mention here that neither any oral evidence was led nor any documents were produced by the employer during the course of inquiry. On receiving the Inquiry Officer's report, the Disciplinary Authority passed the order dtd. 29/3/2008 a perusal whereof would clearly indicate that before imposing major penalty of removal from service, neither any notice was issued nor any opportunity of hearing was provided to the respondent. The Disciplinary Authority expressed in the order that the findings of the report of the Inquiry Officer were being accepted/approved, however as indicated above, no findings whatsoever were recorded in the inquiry report.