CHANDRAPAL SINGH Vs. BANK OF BARODA & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Pradip Kumar, learned counsel appearing for the respondent Bank.

(2.) The petitioner assails the validity of an order dated 11 May 2002 in terms of which he was removed from the service of the respondent Bank. In addition to the above, a challenge is also made to the order of the Appellate Authority dated 29 September 2003 affirming the decision taken by the Disciplinary Authority.

(3.) The writ petition as initially framed had challenged the validity of the chargesheet. It is by way of an amendment that a challenge was additionally made to the decisions taken by the Disciplinary Authority as well as the Appellate Authority. The proceedings themselves were undertaken against the petitioner consequent to a van of the bank which was being driven by him being robbed on 24 May 1991. The incident involved two miscreants waylaying the van of the Bank and looting Rs. 10 lakhs. The allegation was the petitioner had entered into a conspiracy with the looters and had deliberately slowed the van down to enable the miscreants to accost the staff of the bank and commit the robbery. Due to immediate intervention of the police authorities, the miscreants were accosted and the vehicle used by them as also the money which was looted recovered. In respect of the said incident, a criminal trial also ensued. In the said trial, the petitioner was absolved of the charges levelled on the ground that there was lack of evidence to prove his guilt beyond reasonable doubt.