R.B.Misra, J. - (1.) Heard Sri Devendra Pratap Singh, learned Counsel for the petitioner, and Sri Pankaj Bhatia, learned Counsel for the respondents. In this petition prayer has been made for issuance of writ of certiorari quashing the penalty order dated 21.12.1993 (Annexure-4 to the writ petition) passed by the Regional Manager, Agra Region.
(2.) The brief facts necessary for adjudication of the case are that the petitioner was appointed as an Agriculture Assistant in the Bank of India on 09.03.1987, which is a post carrying higher responsibilities, for which the allowances pursuant to Clause 5.11 of the First Bipartite Settlement dated 19.10.1966 read with Bipartite Settlement dated 31.10.1979 and 17.9,1984 are paid to the petitioner and besides doing the routine duties function of clerical cadre an Agriculture Assistant is required to do the work of deposits and withdrawals at the bank counter and the Agriculture Assistant is not waived to do field work. The petitioner was charge sheeted on 04.08.1992 for committing alleged acts of gross misconduct such as prejudicial with the bank within the meaning of Para 19.5 (j) of the First Bipartite Settlement dated 19.10.1966. The following charges were levelled against the petitioner: "(1) Acts of removing the pay slip along with covering letter from dispatch tray, attempting to encash the pay slip through impersonator after detaching it from covering letter and keeping the letter in his drawer and removing the photograph of the real borrower Shri Kishan Lal from loan application form i.e. Attempting to misappropriate Rs. 2900/- through an impersonator amount to gross misconduct of doing acts prejudicial to the interest of the Bank within the meaning of para 19.5 (j) of the First Bipartite Settlement dated 19.10.1966. (2) Acts of temporary misappropriation of Rs. 1680/- being the claim amount received from Insurance Company due to Srimati Maur Shree, by not delivering the pay order No. 2814531 dated 16.07.1991 to the real borrower and fraudulently encashing the pay order by putting a third party's right hand thumb impression on the reverse of the pay order and on the counter foil of pay order and by falsely identifying the right thumb impression on the pay order amount to gross misconduct of doing acts prejudicial to the interest of the Bank within the meaning of para 18.5 (j) of the First Bipartite Settlement dated 19.10.1966."
(3.) Inquiry Officer was appointed to the, conduct the inquiry against the petitioner. The inquiry was made by the Inquiry Officer on 26.09.1992, 28.10.1992, 21.11.1992, 28.1.1993, 25.02.1993 and 18.03.1993 in the Manager's Office at Mainpuri. The specific dates and time of inquiry were fixed, defence representative was allowed to be proceeded during the course of inquiry at the instance of the petitioner. Copies of the inquiry proceedings, copies of exhibits and details of evidences and witnesses were given to the petitioner. The Presenting Officer produced four management witnesses, namely, Shri S.K. Sinha as M.W.-1, Shri Kishori Lal as-M.W.-2, Smt. Maur Shree as M.W.-3 and Shri Kishan Lal as M.W.-4, however, only Shri S.K, Sinha and Shri Kishori Lal were examined as M.W.-l and M.W.-2 respectively. In order to defend himself and rebut the charges, the petitioner gave names of Smt. Maur Shree, Shri Sri Ram, Shri Sukhpal Singh and Shri Ram Kishore as D.W. -l, D.W.-2, D.W.-3 and D.W.-4 respectively, out of which only Shri Sukhpal Singh, D.W.-3, was produced as defence withness, whereas, Smt. Maur Shree was intended to be presented on behalf of Management as M.W.-3, therefore, she was not examined as D.W.-l at the instance of the petitioner. In order to prove the charges, the Presenting Officer produced the following documents in the inquiry : "M-1: Original covering letter of pay slip Ref. No. KSA : SINIA 000383 dated ' 8.10.1991 of Kusmara Branch. M-2 : Original letter dated 30.10.91 of Shri Kishori Lal, part time sweeper of Kusmara Branch. M-3 : Original letter dated 8.1.92 of Shri Amar Deep Singh Jadon addressed to the Investigating Officer, R.O. Agra. M-4 : Original application for Agricultural Credit of Shri Kishan Lal. M-5 : Original pay order No. 2814531 dated 16.7.91 for Rs. 1680/- of Kusmera Branch favouring Smt. Maur Shree W/O Shri Sri Ram, Village Dhamiapur. M-6 : Original complaint letter dated 30.10.91 of Smt. Maur Shree w/o Shri Sri Ram. M- 7 : Original letter dated 7.1.92 of Smt. Maur Shree. M-8 : Original loan application under IRDP of Smt. Maur Shree W/o Sri Sri Ram. M-9 : Original written statement dated 31.10.91 signed by staff members recording incidence of 29.10.91. M-10: Original written statement dated 8.1.92 of Shri S.K. Sinha, Agr. Officer of Kusmera Branch addressed to the Investigating Officer M-11 : Office copy of Kusmara Branch letter No. 000432 dated 30.10.91 addressed to Shri Amar Deep Singh Jadon. M-12: Original letter dated 30.10.91 of Shri Amar Deep Singh Jadon addressed to the Manager Kusmara Branch. ";