ANIL KUMAR,J. - (1.) HEARD Sri R.C. Singh, learned counsel for the petitioner and Sri Lalit Shukla, learned counsel for the opposite parties.
(2.) SRI R.C. Singh learned counsel for the petitioner submits that the petitioner Sikendar Khan while working as Staff Clerk at Balrampur Branch of the Bank of India (hereinafter referred to as the 'bank'), was elected as President-Cum-General Secretary of Employee Union of the Bank in Gonda District and in the said capacity he made a complaint against one Sri P.K. Sharma, Branch Manager of the bank at Balrampur to the then Chief Vigilance Officer of the Bank (Shri K.V. Krishnamurthy) regarding bungling in advancement of loans. As a result of said fact, the petitioner was transferred from Balrampur Branch to Kumhrawan Branch where he joined his duties in September,2000. On 12.5.2001 he received a notice from Chief Regional Manager, Varanasi to submit his reply in response to the same within a period of one week with regard to complaint dated 31.10.2000 made by an account holder Smt. Khairatunisha, regarding not depositing a sum of Rs. 7000/- in her saving bank account no. 12985 by the petitioner while he was posted at Balrampur Branch of the Bank.
(3.) IT was further submitted by the learned counsel for petitioner that petitioner could not submit any reply within the time prescribed as he could not contact the depositor. On 6.9.2001, the petitioner was placed under suspension charge- sheet dated 5.10.2001 was also issued and he was asked to submit his reply. In the charge-sheet, it was mentioned that the act of the petitioner, if proved, shall constitute gross misconduct under Clause 19.5(j) of the Bipartite Settlement dated 19.10.1966 which provides that "doing any prejudicial to the interest of bank or gross negligence or negligence involving or likely to involve the bank in serious loss." One Sri D.R. Ram (opposite party no.3), Officer, Varanasi Branch of the Bank was appointed as enquiry officer to conduct the enquiry against the petitioner in the matter in question.;