AMARESHWAR SAHAY, J. - (1.) THE point, which is involved in the present application for consideration is as to whether without supplying the copy of the enquiry report, the imposition of punishment of dismissal from service is legal and valid? There is no dispute of the fact that in the present case the petitioner being a Bank employee of the Hazaribagh Kshetriya Gramin Bank was departmentally proceeded for the charge of cheating the customers of the Bank and belied the confidence of the Bank reposed in him as cashier.
(2.) THE grievance of the petitioner is that he was awarded punishment of dismissal from service by issue of order dated 26.02.1998, as contained in Annexure -1 to the writ application without even supplying the copy of the enquiry report of the departmental proceeding which was the basis for awarding punishment to him. It is submitted that the copy of the enquiry report was sent to him on 05.03.1998 as admitted by the respondents in para -20 of the counter affidavit filed by respondent No. 2 after the order of punishment of dismissal from service was passed. In view of the undisputed facts noticed above, in my view, this action of respondents in not supplying the copy of the enquiry report before passing of the order of punishment as contained in Annexure -1 directly comes under the teeth of the decision of the Supreme Court in the case of South Bengal State Transport Corporation V/s. Sapan Kumar Mitra, which says that the order of removal from service cannot be passed without supplying the copy of the enquiry report to the incumbent.
(3.) IN this view of the matter this writ application is allowed without going into the other details of the case of the respective parties and the order dated 26.02.1998, as contained in Annexure -1 to this writ application, passed by the Chairman & Disciplinary Authority, Hazaribagh Kshetriya Gramin Bank is hereby quashed. The matter is remitted back to the Disciplinary Authority to pass a fresh order in accordance with law after hearing the petitioner.;