Akhilesh Kumar Srivastava vs Kashi Gomti Samyut Gramin Bank Varanasi and Others

Hon''ble R.K. Agrawal, J.—By means of this writ petition, the petitioner seeks a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned punishment order dated 18.4.2001 filed as Annexure-18 to the writ petition, appellate order dated 28.6.2007 filed as Annexure-2 to the writ petition as also the order dated 25.8.2009 filed as Annexure-1 to the writ petition.

Briefly facts of the case stated by the petitioner are as follows;

The petitioner was initially appointed as Field Supervisor on 10.8.1983 in Kashi Gramin Bank, now known as Kashi Gomti Sanyukt Gramin Bank, Varanasi. He was promoted on the post of Officer with effect from 29.6.1990. He was placed under suspension on 13.8.1994 and charge sheeted on 12/15.12.1994. The petitioner submitted his reply. After considering the reply, the petitioner was reinstated in service vide order dated 21.1.1995 with some minor punishment. A fresh Memorandum dated 31.3.2000 was issued to which the petitioner submitted his reply. Another charge sheet was issued against the petitioner on 27.6.2000 to which the petitioner also filed reply. Inquiry was conducted and Inquiry Officer found him guilty of the charges mentioned in the charge sheet. The petitioner submitted his reply to the show cause notice issued by the Disciplinary Authority. The Disciplinary Authority after considering the reply, passed an order of dismissal of service on 18.4.2001. The petitioner preferred an appeal before the Board of Directors of the respondent Bank on 12.5.2001, which was rejected vide order dated 14.8.2001. The order of punishment as well as appellate order was subject matter of the challenge by means of Writ Petition No. 36496 of 2001 which was allowed vide judgment and order dated 26.3.2007. The Court vide its judgment and order quashed the appellate order dated 14.8.2001 and remanded the matter to the respondent no. 1 for passing appropriate and detailed order in accordance with law. Pursuant to the direction contained in the judgment and order dated 26.3.2007, the Appellate Authority considered the matter and vide order dated 28.6.2007 dismissed the appeal. The Appellate Authority had considered the findings recorded by the Inquiry Officer as also the order passed by the Disciplinary Authority and did not find any good ground to interfere in the same.

We have heard Sri R.N. Singh, learned Senior Counsel, assisted by Sri Sandeep Kumar Srivastava, Sri Rajesh Kumr and Sri V.B. Mishra Advocates on behalf of the petitioner and Sri A.B. Saran, learned Senior Counsel, assisted by Sri A.K. Rai Advocate appearing for the respondent Bank.

Sri R.N. Singh, learned Senior Counsel submitted that the Appellate Authority has once again committed the same mistake which it had committed earlier as it has not assigned any reason while rejecting the appeal. On a query being made as to what was the grounds taken by the petitioner in the memo of appeal, the learned Senior Counsel has invited our attention to the memo of appeal dated 12.5.2001 filed as Annexure-19 to the writ petition. On perusal of the same, the Court finds that not a single word has been mentioned regarding merits of the findings recorded by the Inquiry Officer as accepted by the Disciplinary Authority. In the memo of appeal, the only ground was taken regarding deposit of disputed amount and the fact that no financial loss has been caused to the Bank. The grounds taken in the appeal, in our opinion, are not at all relevant for setting aside the disciplinary charges and findings recorded by the Inquiry Officer. No fruitful purpose will be served by asking the Appellate Authority once again for giving reasons.

In view of the foregoing discussions, we are of the considered opinion that the writ petition is devoid of merits and is hereby dismissed.