SUDHIR AGARWAL, KAUSHAL JAYENDRA THAKER, JJ. - (1.) Heard Sri K.M. Mishra, learned counsel for petitioner and perused the record.
(2.) Petitioner Shamsher Bahadur, working as an officer in Farrukhabad Gramin Bank (hereinafter referred to as 'Bank') was placed under suspension vide order dated 04.05.1992 passed by Chairman of Bank in its capacity as Disciplinary Authority. A charge sheet dated 28.10.1993 was served upon him containing allegations of certain irregularities alleged to be committed by him during period he worked as Manager, Kanpur Branch of Bank from 23.07.1987 to 27.01.1992. Two charges were levelled upon petitioner regarding misconduct under Regulation 19 and 30(1) of Farrukhabad Gramin Bank (Staff) Service Regulations, 1981 (hereinafter referred to as "Regulations 1981").
(3.) Enquiry Officer submitted report dated 27.10.1996 and according to petitioner his information is that he was exonerated in both charges. Chairman/Disciplinary Authority however passed an order dated 30.12.2000 questioning enquiry proceedings conducted pursuant to the charge-sheet dated 28.10.1993 and directing to hold de-novo enquiry on the basis of fresh documentary/oral evidence which according to him were not placed before Enquiry Officer earlier. Fresh enquiry was conducted by one Gore Lal, appointed by Disciplinary Authority vide letter dated 19.01.2001 and he submitted report dated 28.06.2002. Enquiry Officer had held first charge as partly proved and in second charge there were five allegations out of which three were held proved and two unproved. Copy of enquiry report was furnished to petitioner requiring him to submit his representation, if any, which he submitted on 05.08.2002.;