Ajay Bhanot, J. - (1.) The petitioner was appointed as a Watchman-cum-Peon in the respondent Bank on 30.10.1985. On certain allegations of misconduct, a chargesheet was drawn up against the petitioner on 27.04.1993. The charges laid out against the petitioner in the chargesheet asserted that the petitioner had shouted at and abused one P. P. Wadhwa, Branch Manager in the banking hall. He used "dirty language". He also physically assaulted the Branch Manager, Sri P. P. Wadhwa.
(2.) A departmental enquiry was caused to be conducted into aforesaid charges of misconduct. The proceeding was conducted under Clause 19.5(C & E) of the Bipartite Settlement, 1966 read with the Sastry/Desai Awards and subsequent settlements.
(3.) The departmental enquiry indicted the petitioner of the charges against him. A show-cause notice was issued to the petitioner on 07.12.1995 asking him to show-cause as to why penalty of dismissal in terms of Clause 19.6 (a) of the Bipartite Settlement, 1966 read with the provisions of Sastry/Desai Award be not imposed upon him. The disciplinary authority in the show-cause notice recorded tentative agreement with the findings of the enquiry officer. The petitioner submitted a reply to the show-cause notice and refuted the contents therein.;