Manoj Kumar Gupta, J. - (1.) Heard counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Abhishek Misra for respondents 2, 3 and 4. With their consent, the instant petition is being disposed of finally at this stage itself.
(2.) The petitioner was posted as Branch Manager of District Cooperative Bank Ltd. Kanpur, Branch Rajpur. He was placed under suspension by order dated 20.7.2018 passed by the second respondent. The petitioner was served with a charge sheet dated 12.9.2018 on 19.9.2018. The allegation against the petitioner was that he, in collusion with the cashier of the Bank, had transferred various amount from the accounts of different account holders to the account of other persons and have thus misappropriated these amounts, resulting in lowering of the image and reputation of the Bank. The petitioner replied to the charges by submitting reply on 3.10.2018 in which the main defence was that these entries came to be made on account of technical and clerical mistake but as soon as the said fact came to the notice of the petitioner, the entries were reversed and that thereby no loss has been caused to any account holder nor any amount has been misappropriated. After the petitioner submitted the reply, no date was fixed for oral hearing nor opportunity was given to the petitioner to lead evidence in support of his defence. The enquiry officer straight away submitted his report dated 5.10.2018 opining that the charges stand proved. The petitioner was issued a show cause notice on 27.12.2018. He replied to it on 4.1.2019. Thereafter, the Committee of Management of the Bank in its meeting dated 15.10.2018 vide resolution No.2 resolved to dismiss the petitioner from service. The Board accorded approval to the same and thereafter the order of dismissal was communicated to the petitioner by the second respondent by impugned order dated 28.3.2019.
(3.) On 7.5.2019, the following order was passed :- "The submission is that the service of the petitioner has been terminated without holding proper enquiry. The petitioner had duly replied to the charges but thereafter no oral enquiry was held. The petitioner was not given any opportunity to lead evidence in defence. The report submitted by the department stating that all the charges stand proved was taken as gospel truth in terminating the service of the petitioner. Sri Abhishek Misra, learned counsel appearing on behalf of the respondent-Bank undertakes to produce the original record before this Court on the next date. Put up as fresh on 13 May 2019.";