Siddharth, J. - (1.) Heard Sri S. K. Mishra and Sri Utpal Chaterji, learned counsel for the petitioners and Sri S. K. Kakkar, Advocate, assisted by Sri Sumit Kakkar, learned counsel for the respondent.
(2.) This writ petition has been filed by the petitioner praying for quashing of the Appellate Order dated 15.11.1999 passed by Deputy General Manager (Appellate Authority), State Bank of India, Zonal Office, Varanasi and the termination order dated 24.07.1999 passed by Assistant General Manager , (Disciplinary Authority), Region IV, State Bank of India, Zonal Office, Varanasi.
(3.) The petitioner's case is that while discharging duties of cashier / clerk in Mumfordganj Branch, Allahabad in year 1994 he was on Medical leave on 16.02.1994 and then from 25.03.1994 to 04.04.1994. He was suspended from service by order dated 14.08.1995 on the allegation of misappropriation of funds and a charge-sheet dated 11.04.1996 was served on him detailing seven charges of misappropriation of funds of the Bank. Petitioner submitted his reply to the said charge-sheet denying the charges. He represented before the Disciplinary Authority on 28.07.1997 stating that charges leveled against him in the charge-sheet are vague and no material in their support has been supplied to him. The Enquiry Officer appointed by the Disciplinary Authority proceeded with the enquiry illegally and against the procedure mentioned in Desai Award and Shashtri Award and therefore, the petitioner objected to the same by his representation dated 10.11.1998 and 15.12.1998. However, Enquiry Officer submitted his report dated 22.05.1999 in which it has been stated that the charge no.1 against petitioner has not been proved, while charge nos.2 to 7 have been proved against him.;