- (1.) This is a third round of writ petition petitioner has filed. The petitioner is challenging in the present writ petition the order dated 18.9.2013 passed by the first respondent - appellate authority confirming the penalty order dated 6.6.2013 passed by the Assistant General Manager, Karnataka Zone & Disciplinary Authority, by which order major penalty of "compulsory Retirement" is imposed on the petitioner.
(2.) Facts of the case to be stated in brief are as follows: "(i) The petitioner was appointed as clerk in the respondent Bank in 1981 and later he was promoted as Officer Scale-I. On 5.7.2007 petitioner was issued with articles of charge alleging unauthorized absence from duty for 169 days from 18.9.2006 to 5.3.2007 and left the place of working - Mysore without prior permission from the competent authority. Secondly, the petitioner was alleged to have issued cheques in his S B Account without maintaining sufficient funds in the Account. Thus petitioner was charged for breach of regulation 13(1) and 3(1) of Bank of India Officer Employees (Conduct) Regulations, 1976, hereinafter referred to as 'the Regulations' for short. (ii) The petitioner has denied the charges alleged against him and therefore departmental inquiry was conducted. The Inquiry Authority held that both the charges are proved against the petitioner, which was accepted by the Disciplinary Authority. (iii) Initially the penalty order was challenged by the petitioner in W.P. No. 2192/2009 (S-R) which came to be dismissed by the order dated 8.9.2011. Thereupon, the petitioner preferred W.A No. 17996/2011 (S-R). By the order dated 3.7.2012 the Division Bench of this Court found that the Inquiry Authority submitted the inquiry report without issuing notice to the Charge Sheeted Officer and when there was a change in the Disciplinary Authority, the Disciplinary Authority did not issue notice to the officer facing the inquiry. Thereby the penalty order was set aside giving liberty to the Bank to proceed with the inquiry from the stage at which it was interrupted, as per the Bank's Regulations. (iv) After conclusion of the inquiry, the Inquiry Authority submitted its findings dated 25.3.2013 concluding that both the charges leveled against the petitioner are proved. The Disciplinary Authority not agreeing with the representation made by the petitioner concurred with the report of the Inquiry Authority and imposed punishment of 'Compulsory Retirement' as per Regulation 4(h) of the Bank of India Officer Employees' (Discipline & Appeal) Regulations, 1976 by the order dated 6.6.2013. (v) The petitioner challenging the above order of punishment filed W.P. No. 24015/2013 before this Court and this court by the order dated 8.8.2013 disposed of the writ petition reserving liberty to the petitioner to avail of the alternative remedy of appeal. Accordingly, the petitioner filed appeal before the General Manager (HR) and appellate authority. By the order dated 18.9.2013 the appellate authority confirmed the penalty order dated 6.6.2013. Hence the petitioner has filed the present writ petition."
(3.) I have heard the petitioner party-in-person and the learned counsel for the respondents.;