SHEO NANDAN PRASAD Vs. UCO BANK

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against the order dated 03.08.2006 passed in C.W.J.C. NO. 3989/1999(R) whereby the writ petition of the appellant was dismissed by the learned Single Judge.

(2.) The appellant/writ petitioner has averred, in the aforesaid writ petition, that he was appointed on the post of Assistant Cashier-cum-Godown Keeper on 11.12.1980 and he was posted in Gumla Branch of UCO Bank; that in the month of June 1981 he was transferred to B.I.T. Mesra Branch of the said Bank and he was promoted to the post of Head Cashier in the year 1982 and was transferred to Nandlalpur Branch in the district of Bhagalpur; that in the year 1986 he was promoted to the post of Chief Cashier and in the year 1987 he was redesignated to the post of Assistant Manager (Cash), thereafter, he was posted at Bermo Branch. Thereafter in the month of October 1994 he was transferred to B.I.T. Mesra Branch where he joined as Assistant Manager (Cash); that by office order dated 14.09.1995 issued by Zonal Manager he was placed under suspension under the UCO Bank Officers Employees (Discipline and Appeal) Regulation, 1976 on the allegation of fraud, and misappropriation of the fund of Bank during his tenure as Assistant Manager (Cash) in Bermo Branch.

(3.) Learned counsel for the appellant while assailing the impugned order, has contended that the learned Single Judge failed to appreciate and consider the question namely, whether the service of enquiry report is mandatory and whether the appellate authority, while deciding the appeal, requires to consider the grounds taken by the appellant in the Memo of Appeal and pass reasoned order on the said grounds.