V.C.Misra, J. - (1.) Sri Triloki Nath learned counsel for the petitioner and Sri P.K. Singhal learned counsel for the respondents-bank, are present.
(2.) This writ petition has been filed by the petitioner with a prayer to quash the order-dated 12.11.1999 passed by Respondent No. 2 and order-dated 6.8.1999 passed by respondent no.3 (annexures-1 and 2 respectively to the writ petition).
(3.) The facts of the case in brief are that the petitioner was an employee of the respondents-bank and appointed as Clerk by the Regional Development Manager at Mathura and was subsequently promoted to the post of Special Assistant in the year 1987 and was posted under the respondent no. 4-Syndicate Bank, Mathura. On 10.12.1994 he was issued a charge sheet with the allegation that in a firm M/s Kamal Textiles a partnership firm consisting of petitioner's father, wife and two relatives availed cash credit limit of Rs. one lakh and documents of bills discounts of Rs. 3 lakhs from Oriental Bank of Commerce, Mathura and the petitioner without prior permission of the respondent-bank signed the cash credit limit document as co-obligator to the cash credit limit. When the liabilities were not cleared the Oriental Bank of Commerce filed a recovery suit against the partners of the said firm including the petitioner. Later on the said suit was dismissed. On the basis of the said allegation that the petitioner had failed to obtain prior permission from the competent authority as per the circular of the respondent-bank before taking over the onus of the co-obligant against any transaction within or outside the Bank, the petitioner was held to have committed misconduct as defined Under Clause 19.5 (J) of the Bi-Partite. After an inquiry was instituted the respondent-bank imposed on the petitioner major punishment of compulsory retirement under Clause 19.6 of the Bi-Partite Rules.;