- (1.) Aggrieved by Award dated 05.06.2012 in Reference No.36 of 2009 whereby, the reference has been answered in negative, the present writ petition has been filed.
(2.) The brief facts of the case narrated in the writ petition are that, the petitioner while working as Head Cashier in Allahabad Bank, Chunar Branch was served Charge Memo dated 22.04.2003. The petitioner denied the allegation and a domestic enquiry was conducted. The Enquiry Officer found the charges except, the charge of consuming liquor while on duty, proved. The disciplinary authority vide order dated 17.06.2004 imposed penalty of dismissal from service, which was affirmed by appellate authority vide order dated 10.11.2004. A dispute was raised by the petitioner which after failure of conciliation proceeding between the parties, was referred for adjudication vide notification dated 06.02.2006, for adjudication to the Industrial Tribunal. During the proceeding in Reference No.36 of 2009 vide order dated 12.05.2010, the Tribunal held the domestic enquiry not fair and proper. Aggrieved by Award dated 05.06.2012, the petitioner has approached this Court.
(3.) The learned counsel for the petitioner submits that once the Tribunal held the domestic enquiry not fair and proper and, the Management failed to produce any evidence in support of the charge, the reference should have been answered in favour of the workman. It is contended that on the ground of past misconduct the order of dismissal from service, cannot be passed. Referring to 80% disability of the workman, the learned counsel for the petitioner submits that the penalty of dismissal from service imposed upon the petitioner was disproportionate to the charges framed and proved in the domestic enquiry.;