- (1.) This writ application has been preferred challenging the entire disciplinary proceedings including the order of suspension dated 14th June, 2010, the impugned charge sheet dated 23rd June, 2010, the order of penalty dated 1st August, 2011 and the Appellate Order dated 30th March, 2012/7th April, 2012.
(2.) Shorn of unnecessary details, the facts are that the petitioner was appointed to the post of Assistant General Manager 'Grade C' in Industrial Development Bank of India (hereinafter referred to as IDBI) on 1st March, 2007. The service of the petitioner was confirmed in IDBI on 1st April, 2008 and subsequently he was transferred to Kolkata and posted as Branch Head, Personal Banking at Shakespeare Sarani Branch of IDBI. While working in the said post, the petitioner applied for leave for a period of 20 days on and from 19th February, 2009 to 11th March, 2009 for solemnization of his marriage and such leave was duly sanctioned by the appropriate authority. Prior to expiry of the said leave period, the petitioner was selected for a one year course of Post Graduate Programme in Public Management and Policy (hereinafter referred to as PGP-PMP) in the Indian Institute of Management, Ahmedabad and by a letter dated 4th February, 2009, the petitioner was asked to furnish the Letter of Acceptance and to avail admission latest by 5 p.m. on Monday on 23rd February, 2009. In the said letter it was further recorded that the admission offer would stand cancelled in the event such Letter of Acceptance is not sent prior to the date and time mentioned in the said letter. As the said PGP-PMP course would contribute to better performance of duties in the said Bank, the petitioner decided to join the said course and made an application for grant of special leave on 18th February, 2009. As the petitioner was not communicated any decision pertaining to grant of special leave, the petitioner had no other option but to accept the admission offer by the date fixed in the letter dated 4th February, 2009. Subsequent thereto, the petitioner was communicated an e-mail directing him to send the special leave application with the Supervisor's recommendation. It was further recorded in the said e-mail that the competent authority would process the said application only upon issuance of recommendation by the Supervisor. The petitioner accordingly approached his Cluster Head, requesting him to forward the application with his recommendation to the HRD but in vain. The petitioner also applied for extension of leave through e-mail of one
(3.) Mr. Guria, an officer of Patna Branch of IDBI on 12th March, 2009 for the period from 12th March, 2009 to 24th March, 2009 for the purpose of performing the post-marriage obligatory rituals. In response to the same the petitioner was communicated a message at page 61 of the writ application (Annexure 'P5') which runs as follows : The extension of leave is not permitted in view of the amalgamation of your branch with Park Street. As far as your request for special leave is concerned. You are advised to resume duty and then liaison with HR/Competent authority and based on the sanction be relieved from the branch after handing over the charge to the next person.;