Jyoti Singh, J. - (1.) The present appeal has been filed challenging the judgment dated 4.9.2015 passed by the learned Single Judge in W.P.(C) 8216/2002 whereby the learned Single Judge has quashed the report of the Inquiry Officer, penalty order, appellate order as well as the order passed in the review filed by the respondent.
(2.) Brief facts necessary for the present appeal are that the respondent was appointed as a clerk on 1.3.1966 in the appellant-Bank and during the course of his service earned several promotions. Between the period 16.5.1996 and 20.2.1998 the respondent was posted as Chief Manager in Grade IV at Branch Office, Sadar Bazar, Delhi. On 21.2.1998, while the respondent was working at the Bank as the Branch Manager, he was placed under suspension pending departmental investigation. On 28.9.1998, a show cause notice was issued to the respondent for certain alleged acts of misfeasance, omissions and commissions and he was asked to file a reply within seven days of the receipt of the notice. Vide letter dated 24.5.1999 the respondent submitted his reply, wherein he denied having committed any of the alleged acts warranting disciplinary action.
(3.) Not satisfied with the reply of the respondent, the appellants issued a charge sheet on 13.10.1999 wherein certain alleged acts on his behalf were mentioned as constituting misconducts and he was informed that the contents of the show cause notice, given earlier, will form the statement of allegations of Articles of Charge. The charge sheet is extracted hereinunder for ready reference:- "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.";