Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties.
(2.) The Enquiry Report dated 09.06.2009 (Annexures -10 and 10/1), the order of dismissal from service dated 31.10.2009 (Annexure -11) as well as the Appellate Order dated 07.02.2011 (Annexure -14) affirming the punishment imposed upon the petitioner, are under challenge in the present writ application. Petitioner has also sought declaration that the Inquiry Report is perverse and punishment orders based thereupon are not only perverse but are grossly disproportionate to the charges proved.
(3.) Petitioner joined in the Bank of India on 12.09.1980. He is said to have been promoted as a Special Assistant in 1986 and on 26.06.1995, as an Agriculture Officer Junior Management Grade -I. He claims to have received appreciation letter by Deputy Zonal Manager on 19.08.1998 on the basis of good audit rating of the Branch. According to him, he has received award twice for good audit rating of the Branch between May 2003 to July 2005. He got promotion to MMD Grade -II with effect from 25.09.2004. However, he was proceeded against under the charge sheet dated 15.01.2009 (Annexure -6) for four alleged misconduct under Articles 1 to 4. Petitioner participated in the inquiry and the Enquiry Officer in his report dated 09.06.2009 (Annexure -10 and 10/1) found him guilty on the four Articles of Charges except Article No. 1(a) and 1(c). Petitioner was asked to furnish representation on the findings contained in the Inquiry Report by letter dated 10.06.2009 (Annexure -10), which he is said to have filed. The Disciplinary Authority however on consideration of the Inquiry Report and materials adduced during the course of inquiry in which the charges were found to have been proved except Article 1(a) and 1(c), passed a consolidated penalty of dismissal which shall be disqualification for future employment under Regulation 4(j) of the Bank of India Officer Employees Discipline & Appeal Regulation, 1976 dated 31.10.2009.;