- (1.) The appellant has filed the present Letters Patent Appeal against the judgment passed by learned Single Judge dated 17.4.2012 whereby the writ petition filed by him against the order of his dismissal from service has been rejected.
(2.) A few facts relevant for the decision of the controversy involved as narrated in the appeal may be noticed. The appellant joined the service of the respondent bank on 5.6.1972 as Cashier at Ambala Cantt Branch (Haryana). In June 1980, he was promoted as Head cashier and was transferred to Air Field Srinagar Branch. In 1982, the appellant was shifted to Srinagar Main Branch as Chief Cashier. In 1983, he was promoted as Assistant Manager (Cash) and was transferred to Industrial Area Branch, Chandigarh. In 1985, the appellant was shifted to Account department from cash department. In 1988, he was promoted as Field Officer, Agriculture and was transferred to Naraingarh branch in Amblaa District. In 1992, the appellant was transferred to Jind as Field officer, Agriculture. The appellant being senior officer had been officiating as Branch Manager on several occasions at Bagru Kalan branch in Jind district. While serving there, he had written to Deputy General Manager on 22.11.1993 that he was not having good relations with Shri Shamsher Singh, Manager (Agriculture) at Jind who was trying to fabricate cases against him. On 18.1.1994, the appellant was transferred to Rewari from Jind. However, he received a letter on 2.5.1994 from Vigilance Department, State Bank of India calling for his explanation/clarification on certain points. The appellant submitted reply to the letter on 13.6.1994. Although he was permitted to inspect the relevant documents but the same were not shown to him. Thereafter, charge sheet dated 17.1.1995, Annexure P.3 was served on the appellant. The respondent Bank appointed Enquiry officer vide letter dated 2.5.1995. However, on 14.7.1995, the Enquiry officer was changed and another Enquiry Officer was appointed. The appellant was not well because of his kidnapping by the bank officials on 30.10.1995 and therefore requested for intimating him the next date of hearing in the enquiry. On 17.11.1995, the appellant was placed under suspension for certain alleged acts of omission and commission while posted at Jind Branch. On 14.2.1996, the appellant received a letter from the Enquiry Officer that the next date of enquiry was 7.3.1996. The appellant applied for payment of subsistence allowance and some advance to meet the expenditure for going to Jind to attend the enquiry proceedings but nothing was paid to him. On 18.5.1996, part payment of the subsistence allowance was made. According to the appellant, permission for cross examination of the witnesses was not granted to him. On 19.3.1997, the appellant received a copy of the enuqiry report proving the charges against him. He was asked to submit his reply which was duly submitted by him on 14.4.1997. The respondent bank dismissed the services of the appellant vide order dated 7.12.1998, Annexure P.20. The appellant filed CWP No.769 of 1999 in this Court which was dismissed vide order dated 23.2.1999, Annexure P.9 with permission to file appeal before the appellate authority. The appellant filed appeal before respondent No.2 on 11.3.1999, Annexure P.21 which was dismissed vide order dated 18.10.1999, Annexure P.22. Aggrieved by the order, the appellant filed Civil Writ Petition No.17242 of 1999 in this Court. Vide order dated 17.4.2012, impugned herein, the writ petition was dismissed by the learned Single Judge. Hence the instant Letters Patent Appeal by the appellant.
(3.) We have heard learned counsel for the parties and perused the record.;