Siddharth, J. - (1.) Heard Sri Mayank Bhushan Nath, learned counsel for the petitioner, Sri Shiv Nath Singh, learned counsel for respondent no.1 and Sri Rajiv Kumar Singh, learned counsel for respondent no.2.
(2.) The petitioner has approached this Court praying for quashing of the order dated 15.1.1998 passed by the Secretary / General Manager, District Cooperative Bank Limited, Ghaziabad, whereby he was dismissed from service of the Bank from the post of Assistant Manager. Further prayer for a direction to the respondents to make payment of pension, fund, gratuity, leave encashment, arrears of salary and other pecuniary benefits of the deceased petitioner with 18% interest per annum to his legal heirs has been added by way of amendment in the writ petition.
(3.) The brief facts of the case are that while working on the post of Assistant Manager in the District Cooperative Bank, Ghaziabad, the petitioner was suspended from service on 24.02.1995 and Sri R.P. Pandey, Senior Manager (Accounts) was appointed as Enquiry Officer to conduct enquiry into the charges levelled against the petitioner by means of charge-sheet dated 12.02.1996. The petitioner claims to have submitted reply to the charge-sheet and demanded the relevant documents for his defence. After submission of his reply a show cause notice dated 31.01.1997 was issued to the petitioner by the Secretary / General Manager of Bank enclosing there with copy of the enquiry report submitted by the Enquiry Officer recording finding against the petitioner. The Enquiry Officer had exonerated the petitioner of charge nos.4, 9, 15 and 16 and thereafter by the impugned order dated 15.1.1998 the petitioner was dismissed from service of the bank by the Disciplinary Authority, the Secretary / General Manager of the bank. The basis of dismissal order was resolution dated 22.4.1997, which was approved by the respondent no.1, U.P. Cooperative Institutional Board, U.P. Lucknow by its order dated 22.11.1997.;