Govind Mathur, J. - (1.) THE petitioner, a Lower Division Clerk, working with the respondent Bank was served with a memorandum dated 5.10:1991 seeking explanation for certain charges of misconduct. The memorandum was supported by a statement of allegations, according to that: (1) a contravention of regulation 17 of the Marwar Gramin Bank (Staff) Service Regulations, 1980 (hereinafter referred to as "the Regulations of 1980") occurred as the petitioner intentionally failed to observe, comply with and obey orders and directions given to him time to time; (2) the petitioner violated regulation 22(1) of the Regulations of 1980 by remaining absent from duties from 11.12.1989 to 24.10.1990 without having sanction from the competent authority; (3) a violation of regulation 22(2) of the Regulations of 1980 occurred as the petitioner remained absent from duties without having any reason beyond his control; (4) a violation of regulation 52(1) of the Regulations of 1980 occurred as the petitioner claimed for extraordinary leave for a period of more than 12 months in his service career; and (5) the petitioner submitted false informations/facts to the bank.
(2.) AS per statement of allegations, the charge No. 1 was based on the fact that the petitioner remained absent from duties from 11.12.1989 to 24.10.1990 without having sanction from competent authority and that violated regulation 22(1) of the Regulations of 1980. The charge N6.1 was bifurcated in three parts and those are that: (1) the petitioner from 11.12.1989 to 24.10.1990 remained absent from duties on medical grounds without applying for the same as per rules; (2) an explanation was sought from the petitioner for remaining absent, but no response to the same was given; and (3) the medical certificate submitted by the petitioner was not of any such disease that would have prevented him even to inform the bank regarding absence from duties. The charge No. 2 too was bifurcated in the statement of allegations in two parts and those are that: (1) while remaining absent from duties from 11.12.1989 to 24.10.1990 the petitioner was instructed under a letter dated 23.8.1990 to report on duties within a period of seven days or to submit an explanation for remaining absent from duties, but no response to the same was given. Subsequent thereto, by communication dated 22.9.1990 and 5.10.1990 the petitioner was directed to join the duties or to submit explanation for remaining absent, however, no response was given to the letters aforesaid; and (2) the petitioner subsequently explained that he remained absent because of some serious ailment but the medical certificate submitted by him nowhere refers such serious ailment that would have prevented him from giving necessary information to the bank, as such the petitioner submitted a false information to the bank.
(3.) THE charge No. 3 too was also bifurcated in two parts as follows: (1) as per the medical certificate submitted by the petitioner he was required to undergo rest from 13.8.1990 to 24.10.1990 but during this period he made journeys in view of the fact that the certificate was issued by Dr. S.S. Purohit, Navdeep Hospital, Palanpur whereas the petitioner was at his permanent residence in village Chitalwana on 22.9.1990 and 11.10.1990; and (2) by letter dated 11.10.1990 the petitioner was instructed to join the duties upto 22.10.1990 and he resumed duties on 25.10.1990 by showing himself fit. This fact clearly establishes that he was not really ill.;