- (1.) Heard Sri. B. D. Mandhyan, learned senior counsel assisted by Sri R. K. Saini for the petitioner, and Sri Vivek Ratan learned counsel for the Union Bank of India. By this petition the petitioner has challenged the order dated April 16, 2004, by which he has been given punishment of 'Compulsory Retirement' on the charges of gross misconduct and 'Censure' for each minor misconduct.
(2.) The petitioner was appointed in Union Bank of India as a Clerk cum Cashier on November 18, 1982. On May 27, 2003, Sri Dinesh Kumar Mehrotra, the Accountant, in the Bank made a complaint to the Branch Manager of the Bank Muzaffar Nagar alleging that the petitioner serving as Head Cashier in the Prempuri Branch District Muzaffar Nagar, came to his seat misbehaved with him, and slapped him. He had also misbehaved with him in the past and that the incident was seen by Sri Anil Kumar Jain and Sri H.B. Thapa. He put a note on his complaint that the petitioner had misbehaved with him even in the past, thrown at him a glass with tea, and had slapped him and that the petitioner is in habit of such misconduct of which Shri Anil Jain and Shri Jot Ram will stand as witnesses.
(3.) The petitioner was placed under suspension on September 19, 2003, and that on October 6, 2003 the Disciplinary Authority/Chief Manager, Department of Personnel Nodal Regional Office, Lucknow issued charge-sheet. The petitioner submitted his reply on October 27, 2003. He denied the charges and stated that the complainant Sri. D.K. Mehrotra used to call him with his caste name in order to insult him. He was prejudiced with him and on several occasions the petitioner had objected to the issuance of wrong cheques and withdrawal passed by him. He went to Shri A.K. Jain Assistant General Manager, Meerut to report the matter but Shri Jain refused to meet him.;