V. Kameswar Rao, J. - (1.) THE challenge in this writ petition is to the order of suspension dated February 21, 1998, charge -sheets dated November 22, 1997 and October 13, 1999, findings of the Enquiring Authorities dated March 17, 1999 and February 25, 2000, orders of penalty dated November 30, 1999 and January 18, 2001 and Appellate orders dated August 12, 2000 and August 18, 2002 and Review order dated June 18, 2002.
(2.) AS noted from the above, two charge -sheets were issued to the petitioner, dated November 22, 1997 and October 13, 1999. During the course of his submissions, Mr.N.K. Vohra, learned counsel for the petitioner had given up the challenge to the charge sheet dated November 22, 1997, and the consequential orders passed thereof. Hence the challenge to the charge -sheet dated November 22, 1997, Enquiry Officer's report dated March 17, 1999, penalty order dated November 30, 1999, Appellate Authority order dated August 12, 2000 is rejected.
(3.) INSOFAR as the charge -sheet dated October 13, 1999 is concerned, the facts are, the petitioner was appointed as Clerk on March 01, 1966 in the respondent bank. Between the period May 16, 1996 and February 20, 1998, the petitioner was posted as Chief Manager in Grade IV at Branch Office Sadar Bazar, Delhi. On February 21, 1998 while the petitioner was working in the Khari Baoli branch of the bank as Branch Manager, he was put under suspension pending departmental investigation. On September 28, 1998, a show cause notice was issued to the petitioner seeking his reply within 7 days of the receipt of the same. The show cause notice is of approximately 14 pages detailing certain omissions and commissions on the part of the petitioner. The petitioner submitted his reply vide letter dated May 24, 1999 which was a very brief one, wherein he has stated that he has not committed any act of commission inter -alia warranting any disciplinary action. Be that as it may, on October 13, 1999 Articles of Charge was issued to the petitioner, which reads as under: - "This has reference to the explanation dated 14.5.99 submitted by Shri S.K. Dhawan, Manager, Zonal Audit Office, Delhi in reply to memorandum no. CO:IRD: 7429/98 dated 28.9.98. Shri Dhawan is informed that the explanation submitted by him has not been found either convincing or satisfactory as the fact remains that Shri Dhawan while working as Officiating Chief Manager at Sadar Bazar branch accommodated M/s. Asian International and M/s. Manish International by various means inspite of the fact that he was aware both these accounts are sister concerns of M/s. Redson Tea Ltd., account at Karol Bagh branch for which limit has been sanctioned by General Manager. He also accommodated M/s. Excel Cardmon Co. by purchasing cheques and allowing overdrafts in current account. The aforesaid acts constitute the following misconducts and he is hereby charged of the same: 1. Doing acts unbecoming of a Bank Officer; 2. Failure to take all possible steps to ensure and protect the interest of the Bank; 3. Failure to discharge his duties with utmost honesty, integrity, devotion and diligence; 4. Acting otherwise than in his best judgment in the performance of his official duties. Shri Dhawan is informed that memorandum no. CO:IRD:7429/98 dated 28.9.98 will form the statement of allegations for this Articles of Charge. Shri Dhawan is further informed that Shri P.S. Khuntia, CDI, Central Vigilance Commission, Satarkata Bhawan, GPO Complex, Block -A, INA, New Delhi has been appointed as Inquiring Authority to inquire into the aforesaid charges levelled against him. The date, time and place of enquiry will be intimated to Shri Dhawan directly by the Inquiring Authority. Shri Dhawan, if he so desires, may submit his written statement of defence directly to the Inquiring Authority within 10 days from receipt hereof by him.";