Munishwar Nath Bhandari, J. - (1.) BY this writ petition, petitioner has challenged mainly the order of dismissal dated 12.04.2003 (Annexure 14) and also the order dated 21.02.2004 (Annexure 17), by which the Departmental appeal preferred by the petitioner was rejected.
(2.) FACTS relevant to the present writ petition are that the petitioner was served with a charge -sheet dated 25.09.2001, levelling following allegations against the petitioner: Statement of Allegations: 1. In the S.B. A/c. No. 3111, you in connivance with Kishore Singh Parihar, the then Manager of B/O Kotra, deliberately and knowingly afforded debit of Rs. 1,70,000/ - (Rs. One lakh seventy thousand only) without obtaining any voucher and fraudulently misappropriated the amount deposited by the account holder and defrauded the Bank for your personal financial gain and exposed the Bank to serious financial risk. Accordingly, entries are available in respective books and registers as follows: (a) There is a debit entry of Rs. 1,70,000/ - only in the S.B. A/c. No. 3111 of Shri Ghanshyam Lal Sharma S/o. Shri Gangaram Sharma R/o. Bikarni at the ledger folio 35/1. The balance in the account which was Rs. 1,71,001/ - on 16.03.2001 came down to Rs. 1,001/ - on 25.04.2001. (b) a payment of Rs. 1,70,000/ - is shown in the payment side of Receipt of Payment Book on 25.04.2001 and your signature is available on it alongwith signature of Shri Kishore Singh Parihar, then Manager of Kotra Branch. (c) a payment of Rs. 1,70,000/ - is shown in the payment side of Day Book under S.B. head for S.B. A/c. No. 3111 of Shri Ghanshyam Lal Sharma. Your signature is available on the Day Book dated 25.04.2001 alongwith signature of Shri Kishore Singh Parihar, the then Manager of Kotra Branch. (d) this debit entry of Rs. 1,70,000/ - has also been reflected in Cash Balance Book on 25.04.2001 wherein the payment of Rs. 1,70,000/ - is incorporated and final balance is recorded under your signature along with signature of Shri Kishore Singh Parihar, the then Manager of B/O Kotra. (e) No voucher/withdrawal from Shri Ganshyam Lal Sharma S.B. Account No. 3111 holder for the above mentioned withdrawal of Rs. 1,70,000/ - is available with other vouchers of dated 25.04.2001 in the branch record. Saving Bank account (No. 3111) holder Shri Ghanshyam Lal Sharma, in his written statement clarified that neither he withdrew the amount of Rs. 1,70,000/ - from his S.B. account nor he produced any withdrawal form in the branch for payment on dated 25.04.2001. 2. In the demand loan account No. 265, you in connivance with Shri Kishore Singh Parihar, the then Manager, B/O. Kotra have deliberately and knowingly shown disbursement of Rs. 70,000/ - without obtaining loan documents and security and misappropriated the money, defrauded the bank for your personal financial gain. On 05.09.2000 you have shown disbursement of Rs. 70,000/ - (Rs. Seventy thousand only) in the loan ledger in the name of Shri Shantilal Javeria against deposit receipt No. 036124 dated 08.04.97 for Rs. 50,000/ - issued in the joint names of Smt. Shanta Bai and Shri Shanti Lal Javeria. The said P.O. No. 0280611 dated 05.09.2000 for Rs. 70,000/ - as mentioned in the demand loan ledger a/c No. 265 is also not available with the other vouchers of the date. Whereas the said deposit receipt No. 036124 was already pledged to the Bank under demand loan account No. 257 and is available with relevant documents of demand loan a/c. No. 257. Accordingly, entries are available on respective books/registers: (a) An amount of Rs.70,000/ - is shown as disbursed to Shri Shanti Lal Jaqveria through pay order No. 0280611 at debit side in the demand loan A/c. No. 265 at ledger folio No. 132 on 05.09.2000. You have made the entry of said disbursement in the demand loan ledger folio No. 132. The said ledger folio is signed by Shri Kishore Singh Parihar the then Manager B/O Kotra. (b) At the page No. 44 of Receipt and Payment Book, a payment of Rs.70,000/ - is shown on 05.09.2000 in the payment column. That page is duly signed by you as well as then Manager Shri Kishore Singh Parihar. (c) The payment of Rs. 70,000/ - is also shown on 05.09.2000 in the day book on payment side under demand loan head. That page is duly signed by you as well as Shri Kishore Singh Parihar, then manager of the Branch. (d) The pay order No. 0280611 through which the said loan was disbursed to Shri Shanti Lal Javeria is not available with the other vouchers of dated 05.09.2000 of the branch. Shri Shantilal Javaria, under whose name the said loan is shown as disbursed, clarified in his written statement that he had availed only only one loan of Rs. 30,000/ - on 23.05.2000 and pledged his deposit receipt No. 036124 under demand loan A/c. No. 257. He has not availed loan of Rs. 70,000/ - on dated 05.09.2000. Pursuant to the charges aforesaid, an Inquiry Officer was appointed to inquire upon the charges. The Inquiry Officer conducted the inquiry and, thereafter, submitted the inquiry report finding charges to be proved, hence order of dismissal from service was passed.
(3.) PETITIONER challenging the inquiry report, submitted that despite of his meeting with an accident, the Inquiry Officer insisted for his presence in the inquiry which was nothing but an effort not to provide a proper opportunity of hearing. It is further contended that during the course of inquiry, the petitioner demanded various relevant documents. But, then, those documents were not supplied to the petitioner and inquiry was then concluded, which clearly shows that a proper opportunity of hearing was not given to the petitioner, more so when even the petitioner prayed for calling of certain witnesses relevant to the matter, but the Inquiry Officer failed to pass any order on the request of the petitioner. It was lastly urged that the petitioner was not even provided time to submit a proper representation pursuant to the notice given by the respondents as the legal adviser from whom the petitioner was to seek advise was unwell. Therefore, the petitioner was compelled to submit his representation without giving a proper opportunity.;