ANIL KOTHARI Vs. MEWAR AANCHALIK GRAMIN BANK

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that while the petitioner was posted as Manager in Losing Branch of the respondent-Bank, he faced the charges of unauthorized absence from duty on 12/12/1985 and with regard to distorting the Bank's record so as to prove fictitious his presence in the Bank on that date; giving false report about his presence, the petitioner allowed one Shri U.P. Gaur on 18/11/1985 to tamper with the Bank's record and gave a false T.A. bill of Rs.596.00 claiming a sum of Rs.216.00 out of the same under the head of transporting household goods by truck; on the said charges, a charge sheet was issued on 25/3/1986 against the petitioner. The petitioner filed a reply and denied the same.

(3.) Learned counsel for the petitioner submitted that the petitioner was not allowed to avail services of one Shri Changanlal Kothari to put forth his defence during the inquiry proceedings, and therefore, the proceeding must fail on that ground alone. It was further submitted that the Inquiry Officer did not apply his mind, while conducting the inquiry, which is highly illegal and violative of the Constitution of India.