PRAGATHI GRAMIN BANK Vs. B. NARAPPA

JUDGEMENT

(1.) Respondent was working as a Junior Clerk in the petitioner -Pragathi Gramin Bank at Chandrabanda Branch. He was served with a charge -sheet dated 17.01.1986 alleging dishonest manipulation of records with a mala fide intention and misappropriation of the stock belonging to the Bank.

(2.) A disciplinary enquiry was initiated against him. It appears notice of the enquiry was not duly served on the delinquent. However, the Bank, treating the service as effective proceeded with the enquiry ex parte. Enquiry Officer recorded findings holding that the delinquent was guilty of the charges levelled. Accepting the findings of the Enquiry Officer, respondent was dismissed from service vide order dated 15.07.1987. Subsequently, respondent -employee approached the Central Government, which is the appropriate Government, seeking reference of the dispute. The Central Government referred the dispute for adjudication to the Industrial Tribunal, vide its order dated 05.09.2005.

(3.) A preliminary issue was raised regarding fairness of the disciplinary enquiry conducted by the Bank. The Industrial Tribunal vide order dated 6th September 2007 held that enquiry was not fair and proper. Whereupon a memo was filed by the Bank seeking permission to lead evidence. Another memo was filed seeking rejection of the reference on the ground that it was referred after a delay of nearly 18 years.