General Manager, Appellate Authority, ... vs Mohd. Nizamuddin

3. Briefly stated the facts leading to the filing of the present appeal are as follows.

The respondent joined the appellant-Bank as a Probationary Officer in 1972. He was thereafter promoted as Middle Management Officer-Grade II in 1981. The respondent unauthorisedly absented himself from duty with effect from 1.2.1994 onwards. By a letter dated 7.2.1994, he was asked to report for duty immediately. On 7.2.1994 the respondent applied for extraordinary leave from Ist February, 1994 to 31st March, 1994. He did not report for duty on 1.4.1994. On 10.5.1994 the Bank requested the respondent to immediately report for duty. On 19.5.1994 the respondent instead of reporting for duty or replying the letter dated 10.5.1994 continued his unauthrised absence and opted for voluntarily retiring from the services of the appellant-Bank. In response to the request of the respondent the appellant-Bank by the letter dated 13.7.1994 and 8.11.1994 requested the respondent to appear for an exit interview to consider his request for voluntarily retirement. This was repeated by another letter dated 9.7.1996. In the interregnum the appellant-Bank decided to draw a disciplinary proceeding against the respondent. On 9.7.1996 the following charges were framed against the respondent:

The aforesaid chargesheet was sent at the address of the respondent and it was received by the family member of the respondent, namely, Naseem Fatima, wife of the respondent, on 12.7.1996. Thereafter, by the letters dated 30.8.1996, 11.9.1996, 20.9.1996 and 7.10.1996 the appellant-Bank informed the respondent about the appointment of inquiry officer, and the date of inquiry proceeding. Since the respondent failed to participate in the inquiry proceeding held on 19.9.1996 the copies of the inquiry proceedings were sent to him, intimating him about the next date of inquiry proceeding. On 11.10.1996 the respondent in response to the letter dated 7.10.1996, contended that he had already submitted his resignation letter about three years back and the same was pending acceptance by the appellant-Bank. It was further stated that in the absence of any communication from the Bank on his resignation within the stipulated time, his resignation was deemed to have been accepted and the respondent blatantly refused to participate in the inquiry proceedings. Thereafter, on 19.10.1996, 7.11.1996 and 21.12.1996 the appellant-Bank once again requested the respondent to attend the inquiry proceedings. However, the respondent failed to attend the inquiry proceedings on 16.10.1996, 31.10.1996 and 5.11.1996, the same was concluded ex parte on 5.11.1996. Vide letter dated 7.11.1997 the respondent was requested to submit his written brief which he failed to do. Thereafter, vide letter dated 20.1.1997 the copies of the inquiry report dated 2.12.1996 was furnished to him. The inquiry officer found the charges proved and held the respondent guilty of serious mis-conduct by remaining unauthisedly absent for over two years and misutilising the car loan of Rs. 80,000/- sanctioned in his name. The disciplinary authority accepted the finding of the inquiry officer and by order dated 21.1.1997 imposed a penalty of dismissal from service with immediate effect.

Aggrieved thereby the respondent carried an unsuccessful appeal before the Appellate Authority. The Appellate Authority dismissed the appeal. Aggrieved thereby he filed a writ petition before the learned Single Judge of the High Court of Andhra Pradesh.

7. For the aforestated reasons, the orders of the learned Single Judge and Division Bench of the High Court are set aside. The writ petition stands dismissed. The appeal is allowed. No costs.