Sujit Narayan Prasad, J. - (1.) INSTANT writ petition has been filed on behalf of petitioner for quashing order dated 11.7.2005 contained in letter No. Karmik/12(D.P.S.)/331 whereby and whereunder punishments of lowering down pay scale of the petitioner by six stages in initial basic pay scale has been inflicted. Pay scale of the petitioner has been reduced from Rs. 13,900/ - to 12,540/ - per month. Order dated 7.4.2006 passed by the appellate authority is also under challenge.
(2.) COUNSEL appearing on behalf of petitioner has submitted that the petitioner was posted at Garhwa Branch of Palamu Kshetriya Gramin Bank as Branch Manager on 7.12.1997 and thereafter transferred to Chhatarpur Branch on the post of Branch Manager on 9.11.2000 and then transferred to Garhwa Bazar Branch in July, 2003. It has further been submitted that an inspection was conducted in Garhwa Branch on 20.1.2001 and on the basis of audit inspection report a show cause notice was issued to the petitioner on 18.7.2003 wherein altogether six allegations have been levelled against the petitioner seeking explanation from him. In terms of said show cause petitioner has given reply rebutting allegations made against him but the respondents authority being not satisfied with the explanation given by the petitioner decided to initiate a departmental proceeding. The petitioner was directed to appear before the enquiry officer. Accordingly, petitioner appeared before him and submitted his reply. Enquiry officer has submitted his report in which charges No. 1 and 5 have not been found to be proved, Charge No. 2 has been found to be proved, Charge No. 3,4 and 6 have been found to be partially proved. Enquiry officer has submitted its report to the disciplinary authority. The disciplinary authority had accepted the findings given by the enquiry officer with respect to charge No. 2and 5 but, differed with the findings of enquiry officer with respect to charge Nos. 1,3,4 and 6 and came to conclusion that these charges are also found to be proved in its entirety and passed final order in exercise of power conferred under Rule 38 (1)(b)(2) of the service condition of the employees of Palamau Kshetriya Gramin Bank Officers and Staffs Rule 2001 by which the pay scale of the petitioner has been reduced to six stages and in terms thereof the pay scale of the petitioner has been reduced from Rs. 13,900/ - to 12,540/ -.
(3.) IT has been submitted that petitioner preferred an appeal before the appellate authority i.e. the Board of Directors who has passed an order on 7.4.2006 and the order passed by the disciplinary authority has been decided to be affirmed.;