MADHU SAKSENA Vs. BANK OF INDIA, MUMBAI

JUDGEMENT

(1.) The original petitioner challenged the order of penalty dated 31.7.1996 whereby he has been dismissed from the service and order dated 22.7.1998 and 21.8.1999 rejecting his appeal and review petition respectively. The petitioner who was posted as Branch Manager, Bank of India, Nawadih Branch, Giridih, was suspended on 15.1.1991. The petitioner was served a Charge Memo on 2.8.1993 in which fourteen charges were levelled against him. An Enquiry Officer was appointed and the enquiry started on 27.9.1993. On 8.9.1995, the Enquiry Officer submitted 87 pages enquiry report in which Charge No. 6, 9 and 10 were found partly proved and Charge No. 1 was fully proved. On 16.9.1995, the petitioner was issued show-cause notice to make his representation against the proposed substituted finding with respect to Charge Nos. 5 & 11 which were found not proved. The petitioner submitted his representation on 27.10.1995. On 31.7.1996, the penalty order was passed in which the following penalty were imposed upon the petitioner:--

(2.) A counter-affidavit has been filed in which it has been stated that the petitioner was given opportunity to represent against the findings recorded by the enquiry authority along with the substituted findings. The charges against the petitioner were serious and the penalty imposed upon the petitioner was proportionate to the proved misconduct and therefore, no interference is required by this Court in the matter.

(3.) Heard learned counsel for the parties and perused the documents on record.