- (1.) This appeal has been preferred assailing the judgment and order dated 30th June, 2000 passed by the learned Single Judge whereby and whereunder the said learned Judge allowed the writ petition on merits. Going through the records, we find that a disciplinary proceeding was initiated against the respondent/writ petitioner on the basis of the charge-sheet issued on 20th September, 1997. Thereafter, an Enquiry Officer was appointed to hold an enquiry in relation to the said charge sheet. The Enquiry Officer submitted an enquiry report on 16th June, 1998. After submission of the aforesaid report, the Chief Executive Officer of the bank forwarded the said enquiry report and asked the respondent/writ petitioner to submit a written statement on defence. The notice issued by the Chief Executive Officer after submission of the enquiry report is set out hereunder: Memo No. 3C/MARDB/98-99 Date: 29.6.98 To Sri Srikanta Patra, Ex-Branch Accountant, Belda Branch of Midnapore Co-operative Agricultural and Rural Development Bank Ltd., now under suspension. Subject: Proceedings Case No. 3 of 1997 (Midnapore Co-operative Agricultural and Rural Development Bank Ltd. Vs. Sri Srikanta Patra, Ex-Branch Accountant, Belda Branch of Midnapore Co-operative Agricultural and Rural Development Bank Limited now under suspension) WHEREAS articles of charges were forwarded against for dereliction of duty, defalcation of fund and misappropriation of fund etc.; AND WHEREAS the article of charges along with the list of documents rolled upon and list of witness proposed to be examined were sent to you and duly received by you; AND WHEREAS the substance of imputation of misconduct were brought to your notice and knowledge; AND WHEREAS you were also directed to submit written statement of your defence and you were also given the chance to be heard in person; AND WHEREAS it was also brought to your notice that an enquiry would be held in respect of those articles of charges giving an opportunity to you to specifically deny or admit each article of charge; AND WHEREAS Sri Gopinath Bhuina, Co-operative Development Officer, Midnapore-I Range was appointed Inquiring Authority to enquire into the charges framed against you; AND WHEREAS Sri Gopinath Bhuina, the inquiring authority held inquiry with notice to you; AND WHEREAS in the inquiry report submitted by the inquiring authority it is found that the charge levelled against you were proved and you were found guilty of misconduct, dereliction and negligence of duty, connivance and abetment; AND WHEREAS Sri Gopinath Bhuina, inquiring authority submitted his report stating therein the articles of charges and the statements of imputation of misconduct, misappropriation of funds etc.; AND WHEREAS the inquiring authority also assessed the evidence in respect of each articles of charge with a finding on each article of charge and the reasons thereof; AND WHEREAS a copy of the report of the inquiring authority and the statements of his findings are furnished to you; Now, you are called upon to submit within 15 (fifteen) days on receipt of this notice a written statement of defence regarding the name why punishment should not be imposed against you failing which the authority will take action ex parte. Enclosure: Copy of the report of inquiring authority. Sd/- Chief Executive Officer.
(2.) The respondent/writ petitioner submitted a written representation in response to the said notice issued by the Chief Executive Officer on 29th June, 1998. Ultimately, by the written communication dated 28th June, 1998, the Chief Executive officer informed the respondent/writ petitioner that by virtue of the decision of the Board of Directors of the Midnapore Agricultural and Rural Development Bank Limited he was dismissed from service with effect from 28th August, 1998.
(3.) The aforesaid communication of the Chief Executive Officer dated 28th August, 1998 is set out hereunder: To Sri Srikanta Patra, Ex-Branch Accountant, Belda Branch of Midnapore Co-operative Agricultural and Rural Development Bank Ltd. In the matter of proceeding Case No. 3 of 1997 AND In the matter of charge-sheet framed vide memo No. 19/MARDB/97-98 dated 20.9.97. In the matter of disciplinary proceeding and finding thereof; AND In the matter of direction of Board of Directors in respect of result of enquiry and disciplinary proceeding. Please take note that by virtue of decision of Board of Directors of Midnapore Co-operative Agricultural and Rural Development Bank Ltd. You are dismissed from service with effect from 28.8.98. Sd/- M.M. Ghosh Chief Executive Officer.;