S.C. GIROTRA Vs. UNITED COMMERCIAL BANK (U.C.O. BANK) THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR AND OTHERS

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, Petitioner Mr. S. C. Girotra who was working as Manager in the United Commercial Bank, Punjab Division, Chandigarh, has challenged the order dated 6th February, 1986 (Annexure P. 3), by which he has been dismissed from service as also the order dated 10th September, 1986 (Annexure P. 4), by which his appeal against the order of dismissal has been rejected by the appellate authority.

(2.) IN 1984, the Petitioner was working as Manager in the United Commercial Bank (hereinafter referred to as 'the Bank'), Punjab Division, in the Naya Gaon Branch, Chandigarh. He was served with a charge sheet on 15th September, 1984, to which he submitted a detailed reply. Thereafter, an Inquiry Officer was appointed to go into the charges who held the necessary inquiry and submitted his report to the disciplinary authority. Thereupon, the Divisional Manager, acting as the Disciplinary Authority of the Petitioner, passed an order on 6th February, 1986, imposing the following punishments on the Petitioner:

(3.) Again, after the Inquiry Officer submitted report, admittedly neither any show -cause notice was served on the Petitioner nor was he apprised of the inquiry report. No opportunity of hearing or explaining his position was afforded to the Petitioner by the Punishing Authority before the passing the impugned order of dismissal from service. The procedure adopted is wholly violative of the principles of natural justice as the material collected by the Inquiry Officer could not be relied upon by the Disciplinary Authority/Punishing Authority in the absence of the Petitioner. This resulted in vitiating the order of dismissal passed by the punishing Authority.