MAHESH CHANDRA BARBAR Vs. MEWAR AAANCHLIK GRAMIN BANK

JUDGEMENT

(1.) BY this writ petition, petitioner has challenged mainly the order of dismissal dated 12.04.2003 (Annexure 14) and also the order dated 21.02.2004 (Annexure 17), by which the Departmental appeal preferred by the petitioner was rejected.

(2.) FACTS relevant to the present writ petition are that the petitioner was served with a charge -sheet dated 25.09.2001, levelling following allegations against the petitioner:

(3.) PETITIONER challenging the inquiry report, submitted that despite of his meeting with an accident, the Inquiry Officer insisted for his presence in the inquiry which was nothing but an effort not to provide a proper opportunity of hearing. It is further contended that during the course of inquiry, the petitioner demanded various relevant documents. But, then, those documents were not supplied to the petitioner and inquiry was then concluded, which clearly shows that a proper opportunity of hearing was not given to the petitioner, more so when even the petitioner prayed for calling of certain witnesses relevant to the matter, but the Inquiry Officer failed to pass any order on the request of the petitioner. It was lastly urged that the petitioner was not even provided time to submit a proper representation pursuant to the notice given by the respondents as the legal adviser from whom the petitioner was to seek advise was unwell. Therefore, the petitioner was compelled to submit his representation without giving a proper opportunity.