R.K.MERATHIA, J. - (1.) PETITIONER has challenged the order dated 18.8.1998. (Annexure 8) dismissing his appeal as also the order dated 10.6.1998 (Annexure -6) passed by respondent No. 2.
(2.) PETITIONER was chargesheeted on the ground of defalcation of customers money. He took part in the departmental proceeding. He was found guilty by the Enquiry Officer. Respondent No. 2 being the disciplinary authority passed impugned order. Petitioners appeal before the Board of Directors was also dismissed. Mr. Sahani appearing for the petitioner firstly submitted that the respondent No. 2 who was the disciplinary authority was also one of the members of the Board of Directors and therefore, the appellate order is bad. On this Mr. Bakshi, appearing for the respondents, drew my attention to the minutes of the meeting (Annexure B) to show that Mr. K.K. Sinha who was the then Chairman, did not take part in the agenda with regard to petitioners appeal; when it was taken up by the Board of Directors. This position has not been disputed by the petitioner. Thus, this objection of the petitioner cannot be accepted.
(3.) MR . Sahani then submitted that from the order dated 10.6.1998 passed by the disciplinary authority it does not appear that he has applied his mind to the case. He further submitted that even from the minutes (Annexure B) it does not appear that mind was applied by the Board of Directors.;