PHOOLA RAM CHOUHAN Vs. MARWAR GRAMIN BANK PALI

JUDGEMENT

(1.) Petition has been filed by the petitioner, seeking to challenge the orders Annexure-8 and Annexure-11, being dt. 19.2.1991 and 23.4.1992 respectively, whereby the punishment of removal from service was imposed, after holding departmental enquiry, and was affirmed in appeal.

(2.) The facts of the case, as pleaded by the petitioner in the writ petition are, that while working at Sirohi Branch, an explanation was called from the petitioner regarding wrong payment of Rs. 700/- from S.B. Account of one Shri Naina Ram, which was replied on 22.4.1985. Thereafter a charge sheet dt. 19.11.1985, along with memorandum of charges was served upon him, being Annexure-1. Before issuance of the charge sheet, an F.I.R. had already been filed on 18.9.1985, inter alia for the offences under Sections 408, 468, 411 and 201 I.P.C., and the case had been registered on filing challan in the Court of Munsif Magistrate.

(3.) The petitioner then requested the Bank on 22.1.1986, not to proceed with the departmental enquiry on the same charges. This request was turned down on 11.6.1986, and the petitioner was asked to submit reply, which was accordingly filed on 6.7.1986, denying all the charges. Then, Enquiry Officer was appointed. Then on 17.11.1986, the petitioner again requested, that since police had challenged the case on the same charges, which is subjudice, the enquiry may be stayed, but that request was also not acceded to. Thereafter, in the enquiry three witnesses were examined, being Shri D.C. Sharma, Shri P.D. Vaishnav, and Shri R.K. Suthar. However, Shri Naina Ram was not examined. The copies of the statements of three witnesses have been produced as Annexures 2, 3, and 4 respectively. It is then alleged, that the petitioner demanded copy of the duty list of Cashier/Clerks, so also of Token Book on 3.8.1989, which was not supplied. Then, the petitioner demanded for perusal of the original documents on 3.8.1989, but these documents were also not got perused by him, and on 30.8.1989 only photo stat copies of specimen signature form, ledger sheet, withdrawal form, and preliminary report were shown, but copies were not supplied. Likewise, enclosures referred to in the preliminary report were neither got perused, nor supplied.