Process of Dismissal from Service: Court observed that ‘holding of an inquiry being mandatory requirement of a disciplinary inquiry’ in case where charges are refuted.
Civil Appeal No. 2265 of 2011
Bench: Justice Abhay Manohar Sapre; Justice Ashok Bhushan
Case Brief: In the present case, the order passed by the Division Bench of High Court in writ petition was in challenge through appeal. In the facts of the case, appellant- bank is a district co- operative Bank registered under the U. P. Co- Operative Society Act, 1965. Respondent no. 1- employee was working as a Branch manager in the said Bank. In the year 1992 a charge- sheet was issued to the employee booking him for 19 charges, and asked the respondent no. 1 to file reply in a month period on the allegations that he made payments to the bearers of cheques without its prior collection and made payment to the bearer of the cheques, causing loss to the Bank. And also he was alleged that he did not brought actions against the concerned persons which resulted in serious irregularities on his part. Also, charges of issuing overdrafts/ loans against by him against the provisions of the Act of 1965, were levelled against him. However, Respondent- employee denied allegations and then after conducting of the enquiry, the reports of the Inquiry Officer considered and employee was placed under suspension. Moreover, later the employee was dismissed. The employee thereafter filed a writ petition and sought the quashing of the order of his dismissal and also claimed his reinstatement in service with full wages and salary. He claimed that no enquiry have been held as per provisions provided under the statutory regulations. Thus, Division bench of the High Court quashed the dismissal order, holding that there was no required enquiry done for passing dismissal order. As such, now this bench observed that the U. P. Co- Operative Societies Employees Service Regulations, 1975 were framed under the Act of 1965 and these regulations are applicable with regard to the conduct of Disciplinary enquiry against the respondent no. 1.
This bench decided that after service of charge sheet (1993) although the petitioners submitted his reply, but Inquiry officer did not fix any date of oral inquiry and no inquiry was held. Holding of an inquiry is mandatory requirement of a disciplinary inquiry, when the charges are refuted and serving the inquiry report to delinquent, and it was breached. Also, the Regulation 85 (i)(b) had been violated for not giving opportunity to employee. Thus, the bench held that the High Court has rightly quashed the dismissal order giving liberty to bank to hold de- novo inquiry within six months period. Moreover, as the petitioner- respondent no.1 is held up be under suspension, he shall be paid suspension allowance as per rules. Thus, bench decided as appeal dismissed.
Read the Judgement: Chamoli Dist. Coop. Bank Ltd. Tr. Sec.& Anr Vs. Raghunath Singh Rana & Ors