Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) THE petitioner was appointed as Junior Clerk-cum-Cashier on 5.3.1987 in Bareilly Keshtriya Gramin Bank (hereinafter referred as the Bank), which was constituted in exercise of powers under the Regional Rural Bank Act, 1976 in 1987. THE terms and condition of service of the employers are also governed by the Service Regulations framed in the year 1987. It appears that certain financial irregularities were committed by the Branch Manager of the Bank and the Field Officer. A first information report was lodged against the aforesaid Branch Manager and the Field Officer in which the name of the petitioner was not included. After enquiry the Branch Manager and the Field Officer were dismissed from service. The petitioner was also given show cause notice inter alia, that he has made some irregular payment through one Sri Chunni Lal, peon of the Bank. The petitioner submitted his reply to the show cause notice on 27.2.2001. It appears from the record that the petitioner was also given a memorandum of a charge-sheet levelling certain charges on 20.8.2003. The petitioner submitted his reply to this charge-sheet. Thereafter the Enquiry Officer submitted inquiry report dated 3.3.2004 to the Disciplinary Authority/Chairman of the Bank with copy to the petitioner along with letter dated 5.3.2004 finding the following charges proved against him. ...[VERNACULAR TEXT OMMItED]...The petitioner appears to have also submitted his objection to the enquiry report on 21.3.2004.
(3.) THE Disciplinary Authority on 17.5.2004 proposed for taking of punishment of dismissal from service. After considering the reply of the petitioner to the order of proposed punishment the Disciplinary Authority/Chairman vide order dated 2.12.2004 placed the petitioner to a lower stage in his incremental scale by 8 increments. THE operative portion of the order is as under : ...[VERNACULAR TEXT OMMITED]... Aggrieved by the aforesaid order of punishment dated 2.12.2004 the petitioner filed appeal before the Board of Director of the Bank which was rejected vide order dated 21.10.2005.;