- (1.) The petitioner is aggrieved against the order Annexure P7 dated 26-02-2007 whereby the Enquiry Officer has fixed the case for further proceedings consequent to the decision of the Disciplinary Authority to re- open the enquiry against the petitioner.
(2.) The petitioner while working as Senior Assistant with Baghapurana Branch of the Bank was served with a charge-sheet dated 06-03-2006. Mr.S.P.Gupta was appointed as Enquiry Officer on 20-06-2006. The petitioner did not participate in the enquiry proceedings and in fact sought to participate in the enquiry proceedings vide communication on 04-10-2006 Annexure P4 and dated 10-01-2007 Annexure R2/1. However, the Enquiry Officer has rejected such request for participation in enquiry proceedings. On 07-02-2007 vide Annexure R2/6, the Enquiry Officer submitted a report proving the charges against the petitioner. The said report reads as under : "The above named employee was charge sheeted by the Bank on 06-03-2006. I was entrusted to conduct the enquiry by the Bank, vide letter No. DPC/06/56 dated 23-05-2006. Enquiry Brief Presenting Officer :- Sh. Phool Chand, Field Officer at our Bagha Purana Branch, was appointed as presenting officer by the Bank. P.O. has submitted in his brief that sufficient time has been given to Sh. T.P. Singh, EPA, to put forth his defence against the charges levied against him. On most of the dates, the EPA failed to attend the proceedings and did not submit any reply in his defence. So in the light of the above, he concluded the enquiry. Defence Representative :- Sh. O.P. Indal, D.R. in his brief has denied the charges having signed the said withdrawals forms by Sh. T.P. Singh, EPA and received any payment there against. In the light of the above, I have decided the case ex-parte, and the charges stands proved".
(3.) A perusal of the record produced by the respondents in Court shows that on 12-02-2007 when the matter was put up before the Disciplinary Authority, the following note was recorded: "I order for the reopening of enquiry proceedings as Enquiry Officer has not given basis of his proving the charge". On the basis of the said order, the Enquiry Officer has addressed a communication dated 26-02-2007 to the petitioner so as to restart the enquiry proceedings. On the request of the petitioner dated 07-03-2007, the copy of the enquiry report was supplied to the petitioner on 20-03-2007.;