- (1.) THIS Special Appeal is directed against the judgment of the learned Single Judge dated February 1, 1991 in S. B. Civil Writ Petition No. 270 of 1987 quashing the order dated January 28, 1986 removing the respondent Bhagwan Sahai Sharma from the Bank's service with immediate effect.
(2.) THE relevant portion of the order, by which the services of the respondent were terminated, is quoted below: - "i have since received Shri Sharma's reply dated January 8, 1986 to my above mentioned letter dated December 23, 1985. He also appeared before me for a personal hearing on January 21, 1986. I have carefully examined his reply and also the submission made before me on January 21, 1986. I do not find any extenuating circumstances or fresh points to reconsider the enhanced punishment proposed by me. In the above premises, I pass the following 3 order under Regulation 4 (g) of the United Commercial Bank Officer Employees (Discipline and Appeal) Regulations, 1976: "shri B. S. Sharma is removed from the bank's service with immediate effect which shall not be a disqualification for future employment. "
(3.) THE respondent was appointed in 1961 as Clerk-cum-Typist. In 1976, he was promoted to the Junior Management Grade Scale I. He was thereafter posted as Branch Manager Dausa when he was suspended by order dated September 19, 1983 passedby the Dy. General Manager (Personnel Administration ). A criminal case was registered with the Central Bureau of Investigation regarding offences under Sections 428 IPC and 5 (2) read with 5 (1) (d) of the Prevention of Corruption Act, 1947. After investigation, a final report was filed on May 25, 1984. This report was accepted by the Special Judge on July 27, 1984.;