M.KATJU,J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner was a Branch Manager in the U.P. Sahkari Gram Vikas Bank Limited, Lucknow having been appointed in 1968. It is alleged in paragraph 3 of the writ petition that a departmental enquiry was instituted against him and charge-sheet dated 26-8- 1994 was issued to him, vide Annexure-2 to the writ petition. Petitioner submitted his reply on 15-9-1994 denying the charges, vide Annexure-3. It is stated in paragraph 7 that thereafter no formal enquiry was held. The petitioner was neither given an opportunity of personal hearing nor was he afforded an opportunity to explain the alleged documentary evidence enumerated in the charge-sheet. On the contrary, on 18- 10-1994 the Inquiry Officer submitted a report, vide Annexure-4. The Managing Director of the Bank, on the basis of so-called enquiry report, issued a second show-cause notice to the petitioner, vide Annexure-5 to which the petitioner sent a reply dated 4-10-1995, vide Annexure-6. Ultimately, the impugned dismissal order dated 29-6-1995 was passed vide Annexure-7. Several points have been urged by Shri Ashok Khare, learned Counsel for the petitioner, but, in our opinion, this petition deserves to be allowed on the very first point, namely, no personal/oral hearing was given to the petitioner.
(3.) THE allegation made in paragraphs 7, 17 and 21 of the writ petition that no personal/oral hearing was given to the petitioner, has not been denied in the counter-affidavit. In paragraph 2 of the wit petition, it is alleged that the Inquiry Officer never called upon the petitioner in writing to participate or defend himself in it.;