ANIL PRASAD Vs. CHAIRMAN, BANK OF INDIA

JUDGEMENT

(1.) PETITIONER while serving as a Branch Manager at Dimna Chowk Branch, Jamshedpur of the Singhbhum Kshetriya Gramin Bank was involved in two criminal cases, one private complainant lodged a complaint case No. 106 of 2001 in the Court of Chief Judicial Magistrate, Jamshedpur. It is stated that under the orders of the Chief Judicial Magistrate, an F.I.R. was registered as TELCO P.S. Case No. 276 of 2001 dated 13 th of November, 2001 under Sections 467, 468, 420 and 120B of the Indian Penal Code and 13(1) of the P.C. Act, 1998. Petitioner was enlarged on bail. Later a criminal chargesheet was filed in the Court of Central Bureau of Investigation. Simultaneously a chargesheet was served upon the petitioner asking him to file the reply. Enquiry Officer was appointed vide order No. H.O.I.R. 2003 -04 -173 dated 28 th April, 2003 to enquire into the charges against the petitioner. A departmental enquiry was concluded on 13 th of June, 2003 and enquiry report with findings prepared on 23 rd of August, 2003. Petitioner submitted his representation dated 16 th of September, 2003 in respect to the Enquiry Report. The Disciplinary Authority on consideration imposed punishment of dismissal vide his order dated 15 th of December, 2003 in terms of Regulation 38 of Singhbhum Kshetriya Gramin Bank Officers Regulations, 2000. Petitioner preferred an appeal before the Board of the Bank against the order of dismissal passed by the Chairman, the Disciplinary Authority. The appeal of the petitioner came to be rejected vide order dated 10 th of March, 2004. Petitioner has challenged the order of the disciplinary authority dated 15 th of December, 2003 and that of the appellate authority dated 10 th of March, 2004 on a number of grounds. From the perusal of the order passed by the appellate authority, it is evident that the appellate authority has not recorded any reasons or grounds for rejecting the appeal. The order of appellate authority is a non -speaking one. It is convenient to quote the order passed by the appellate authority which reads as under: Ref. No. : - HO: PERS: JNP: 2003 -04:2526 Date: 10.03.2004 Sri Anil Prasad, Ex -Staff Officer Your Appeal -dated 24.01.2004 Against the order of Penalty You have preferred the captioned appeal against the order of Penalty dated 15.12.2003.

(2.) YOUR appeal letter dated 24.01.2004 was presented for consideration before the Board of Directors of the Bank in its meeting held on 03.03.2004.

(3.) THE Board after deliberations confirmed the penalty of dismissal inflicted on you.