STATE BANK OF BIKANER AND JAIPUR Vs. NEMI CHAND NALWAYA

JUDGEMENT

(1.) The Respondent was employed as a clerk in the Kalindri branch of the Appellant Bank. He was issued a charge-sheet dated 30.8.1988. The two charges against him are extracted below:

(2.) A joint inquiry was held in respect of the charges against the Respondent and two others namely I.M. Rawal and S.R. Meghwal. Several witnesses were examined. The Inquiry Officer submitted a report dated 12.6.1989 holding that both the charges against the Respondent were proved. He also held that the charges against I.M. Rawal and S.R. Meghwal were also proved. The disciplinary authority considered the inquiry report. He was of the view that on the material placed in the inquiry, the Respondent was not guilty of the first charge. He, however, concurred with Inquiry Officer in regard to the finding of guilt recorded in respect of the second charge. He, therefore, issued a show cause notice dated 23.6.1990 proposing to impose the punishment of dismissal in regard to the second charge. After considering the Respondents' reply, the disciplinary authority, by order dated 1.8.1990, imposed the punishment of dismissal. The matter rested there for several years.

(3.) In the meanwhile, on the basis of a complaint by the Branch Manager, a charge-sheet was filed before the Chief Judicial Magistrate, Sirohi, in regard to the allegations which were the subject matter of the departmental enquiry. The criminal court acquitted the Respondent by judgment dated 7.7.1994, holding that charges were not proved beyond were not proved beyond doubt. Thereafter, he filed a writ petition (WP No. 5761/1994) challenging his dismissal, on the ground that he was acquitted in the criminal case. The said writ petition was disposed of by a brief order dated 26.5.1997 observing that he may avail the remedy of appeal and the appellate authority may consider the explanation for delay in submitting the appeal.