- (1.) The petitioner was an employee of Central Bank of India working in a Branch at Agra and was discharged from service, as a result of the disciplinary proceedings taken against him. The order of punishment was upheld in appeal. The mercy petition to the Managing Director of the Bank also yielded no relief to the petitioner. Hence, through this petition under Article 226 of the Constitution of India, the petitioner has challenged the validity of the disciplinary proceedings and the punishment mooted to him.
(2.) Learned counsel for the petitioner pressed two contentions before us, the first being that the petitioner was not allowed a fair opportunity to defend himself, inasmuch as the Management had not produced certain register and ledger during the enquiry proceedings in spite of specific demand as a result whereof the case of the petitioner was prejudiced.
(3.) Before dealing with this contention, we may mention that out of the two charges levelled against the petitioner, one charge was that on 22nd September, 1984 he debited Rs. 72.46 and Rs. 108.70 to the profit and loss account in respect of interest on M.M.D.C. and credited the said amount to his over-draft account illegally and also withdrew the money subsequently. Thus, he took pecuniary benefit of Rs. 181.16 fraudulently to which he was not entitled either in factor or in law.;