O.P.Saxena, J. - (1.) By this petition under Article 225 of the Constitution the petitioner prayed for a writ of certiorari for bushing the disciplinary proceedings initiated against the petitioner and the order of compulsory retirement.
(2.) The facts giving rise to this petition are that on 7-8-1946, the petitioner was employed in the subordinate service of the Central Bank of India. On 1st September, 1969 he was promoted to the Officers, Grade. Between 28th April 1975 and 6th October, 1977 he was posted as Branch Manager, Central Bank of India, Dibiapur Bench, District Etawah. In August September, 1977, there was an audit of accounts of Dibiapur Branch. Gross irregularities were found in the accounts during the period petitioner was posted there as Branch Manager. After calling for his explanation, the statement of Articles of Charges was served on him vide Memo dated 28th May, 1979. He submitted his explanation on 21st June, 1979. Sri B. N. Bhaya, Divisional Manager, Central Bank of India, Kanpur was appointed Disciplinary Authority. He appointed Sri B. S. Srivastava, Assistant Divisional Manager, Central Bank of India, Kanpur as the Enquiring Officer. Sri K. K. Singhal was appointed presenting Officer. A formal intimation was sent to the petitioner on 24th July 19 79. On 28th August, 1979, a list of documents was sent to him. 24th October, 1979 was fixed for commencement of the enquiry proceedings. The proceedings were adjourned to 5th November and then to 18th December, 1979. On 18th December, 1979 the enquiry proceedings commenced and the charges were read over to the petitioner by the Enquiring Authority. On the request of the petitioner, the case was adjourned to 21st January, 1980 and the proceedings continued from day to day until 29th January, 1980, when the enquiry was closed. On 27th March, 1980, the Enquiring Authority submitted its report holding the petitioner guilty of the charges framed against him. On 2-5-1980 Sri B. N. Bhaya Divisional Manager, Central Bank of India, Kanpur and Disciplinary Authority accepted the report of the Enquiring Authority and directed compulsory retirement of the petitioner from service. On 21-5-1980, the order of compulsory retirement was formally communicated to the petitioner by respondent No. 2, Sri S. K. Gauba, Assistant General Manager, Regional Office, Central Bank of India, Lucknow.
(3.) The petitioner challenged the enquiry proceedings, inter alia, on the grounds that the Disciplinary Authority was not appointed by a competent person, that the enquiry proceedings were vitiated, that no copies of documents were given to him before the commencement of the enquiry, that no opportunity was given to him for filing the written statement in the charge-sheet submitted on 24th July, 1979, that no opportunity was given to him to contest the proceedings through Sri Marathey, that the principle of natural justice was not followed during the course of the enquiry that the Disciplinary Authority did not give any reason in the order dated 2nd May, 1980 whereby the petitioner was compulsorily retired, that the appeal was heard by Sri S. K. Gauba who had passed the order of compulsory retirement on 21st May, 1980 and that no reasons were given in the appellate order.;