RAJ KUMAR CHOUDHARY Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) The present interlocutory application has been filed, seeking to amend the writ petition, by adding an additional prayer to the main writ petition regarding quashing of the order dated 10.12.2004 by which the appeal of the petitioner has been rejected.

(2.) The brief facts of the case are that a disciplinary proceeding was initiated against the petitioner and a charge- sheet dated 15.11.2001 was issued whereby and whereunder as many as 21 charges of making fake entry and committing various irregularities were alleged as against the petitioner herein. The inquiry officer had conducted the inquiry and submitted his detailed inquiry report dated 21.09.2002, finding most of the charges to have been conclusively proved as against the petitioner herein. The disciplinary authority had issued a second show cause notice dated 23.01.2003 and after taking into account the reply of the petitioner, the disciplinary authority had passed the impugned order of punishment of dismissal dated 04.03.2003. The petitioner had then filed an appeal, which has also been dismissed on 10.12.2004.

(3.) The learned counsel for the petitioner has assailed the inquiry report on merits and has submitted that no evidence whatsoever has been brought forward to prove the guilt of the petitioner qua the allegations / charges levelled against him. It has been submitted that no proof has been brought forward by the management to conclusively establish the guilt of the petitioner herein. The learned counsel for the petitioner has referred to a judgment rendered by the Hon'ble Apex Court, reported in (2013) 6 SCC 602 (S.R.Tewari Vs. Union of India and Another), Paragraph No. 30 whereof is reproduced hereinbelow: