- (1.) HEARD Sri A.P. Tiwari, for the petitioner.
(2.) THE writ petition has been filed for quashing the order dated 08.06.1995/ 07.07.1995, dismissing the petitioner from service, in the disciplinary proceeding.
(3.) THE petitioner was appointed on the post of 'Assistant Accountant' on 17.11.1969 in U.P. Sahkari Bhumi Vikas Bank Ltd. The petitioner was transferred to Azamgarh on 30.07.1976 as 'Assistant Accountant'. Sri Bhagwat Mishra, Branch Manager, U.P. Sahkari Bhumi Vikas Bank Ltd., Azamgarh lodged a FIR on 29.11.1976/01.12.1976, against Sant Saran Shukla, Accountant and the petitioner, for embezzlement of Rs. 42053.51 during 11.10.1976 to 20.11.1976. The petitioner was suspended by order dated 30.11.1976. Sri B. N. Mehrotra, was appointed as Inquiry Officer. Criminal case was investigated by Sri B.P. Tiwari, Deputy Superintendent of Police, Economic Offences Wing, who submitted Charge Sheet on 14.08.1978, against Bhagwat Prasad Mishra, Sant Saran Shukla and the petitioner. It is alleged that the petitioner surrendered and applied for bail in criminal case on 07.12.1976 and was sent to jail. The petitioner was enlarged on bail on 21.01.1977. Due to investigation being conducted by Economic Offences Wing, disciplinary proceedings against the petitioner could not be proceeded. Inquiry Officer served the Charge Sheet dated 19.03.1984/25.04.1984, on the petitioner. The petitioner submitted his reply to the Charge Sheet (filed as Annexure -5 (ii) to the writ petition). It appears that due to pendency of the criminal case, the inquiry could not be proceeded. Thereafter, Sri R.K. Dixit, General Manager was appointed an Inquiry Officer on 08.12.1993. Inquiry Officer, again served same Charge Sheet on 06.01.1994. The petitioner submitted his reply to the Charge Sheet on 13.01.1994 (filed as Annexure -5 (i) to the writ petition). On 13.01.1994, the petitioner appeared before Inquiry Officer and stated that he has nothing to say in the matter. Inquiry Officer conducted inquiry and submitted his report dated 22.01.1994, holding the petitioner as guilty of all the charges. Disciplinary Authority issued show cause notice to the petitioner on 18.04.1994. The petitioner submitted his reply dated 10.05.1994. In view of the demand for personal hearing, Disciplinary Authority issued a letter fixing 03.08.1994 for oral hearing. The petitioner appeared before Disciplinary Authority and filed an application on 03.08.1994 stating therein that he may be permitted to deposit Rs. 50000/ i.e. the amount of embezzlement along with interest and prayed that he may be given a chance again. Disciplinary Authority, by order dated 08.06.1995, held the petitioner as guilty for embezzlement and awarded punishment for dismissal from service. Hence this writ petition has been filed.;