Veerender Singh Siradhana, J. - (1.) Aggrieved of the penalty of dismissal from service, as a consequence of departmental proceedings, inflicted by the Disciplinary Authority, vide order dated 10th March, 1995, and subsequent order dated 25th February, 1998, passed while implementing the orders of the High Court in D.B. Special Appeal (Writ) No. 474/1994; the petitioner has instituted the present writ petition with a prayer to quash and set aside the impugned order of punishment aforesaid.
(2.) Shorn off unnecessary details, the skeletal material facts necessary for appreciation of the controversy are that the petitioner was appointed as Class -IV employee (Daftari -cum -Peon), at Ajmer Branch of United Commercial Bank (for short, 'the respondent -Bank'). It is pleaded case of the petitioner that his relative with oblique motives, instituted a criminal complaint on 26th April, 1978, for offence under Sec. 420, 406, 409, 467, 468 and 471 IPC, leading to registration of an FIR No. 70/1978, at Police Station Kotwali, Ajmer. The petitioner was placed under suspension on 6th February, 1981, owing to pendency of the criminal case in which he was ultimately acquitted by the Judicial Magistrate No. 1, Ajmer on 23rd May, 1991. The respondent -Bank on 30th January, 1992, served him with a charge -sheet for (a) he failed to inform the Bank of his arrest and the criminal case, and (b) he accepted cash from the customer of the Bank unauthorizedly. Enquiry officer was appointed on 15th April, 1994.
(3.) Learned Senior counsel for the petitioner, Mr. A.K. Bhandari, reiterating the pleaded facts and grounds of the writ application, asserted that during the course of investigation, the petitioner was arrested on 25th June, 1979 and was released on bail on 26th June, 1979. The fact of his arrest was informed to the respondent -Bank on 27th June, 1979, while he reported for duty and was called upon to furnish the reasons in writing. The petitioner addressed a representation claiming promotion to the post of Assistant -Cashier -Cum -Godown Keeper for he was successful in the written test and the interview held by the respondent -Bank. The request was declined, vide communication dated 27th December, 1980, since a charge -sheet was filed by the police against the petitioner, and therefore, he was not eligible for promotion.;