DASHRATH PRASAD MISHRA Vs. REGIONAL MANAGER-CUM-DISCIPLINARY AUTHORITY CENTRAL BANK OF INDIA APPELLATE

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the impugned order Annexure-P-5 dated March 8, 2004 by which the punishment order has been modified and in place of dismissal from Bank services he was discharged from Bank services.

(2.) THE contention of learned Counsel for the petitioner is that a departmental enquiry was initiated against the petitioner on the charge that he slapped Laxmichand Meena which was found to be proved in the departmental enquiry, as a result of which respondent/bank punished the petitioner by dismissing him from the service without notice under Clause 19 (6) (a) of first Bipartite. The petitioner challenged the order of dismissal before this Court by filing a writ petition which was registered as Misc. Petition No. 1640/94 (Dashrath Prasad Mishra v. The Regional Manager-cum-Disciplinary Authority, Central Bank of India and Ors. ). The Single Bench of this Court dismissed the petition against which a Letters Patent Appeal (L. P. A. No. 676/2003) was preferred by the petitioner and the same was disposed of vide order dated 12. 12. 2003 (Annexure-P-4 ). The Division Bench of this Court set aside the order of the appellate authority dated 3. 5. 1993 and the order of the learned Single Judge dated 1. 8. 2003 passed in M. P. No. 1640/94 and directed the appellate authority to reconsider the quantum of punishment sympathetically. While deciding the LPA, the Division Bench in para 11 held as under:

(3.) AFTER the decision of the Division Bench in LPA the impugned order Annexure-P-5 dated March 8, 2004 has been passed by the respondent-Bank and in place of dismissal from Bank service, the petitioner has been discharged from the service of the Bank.