UCO BANK Vs. SUSHIL KUMAR SAHA

JUDGEMENT

(1.) Leave granted.

(2.) The question that is posed for consideration in this case is whether the disciplinary authority of the erstwhile place of posting, where irregularities stated to have occurred/committed, could institute and complete the disciplinary proceedings against the erring officials (both officer and award staff), notwithstanding the fact that such persons are later posted under the administrative jurisdiction of some other authorities.

(3.) The High Court, placing reliance on Regulations 5(1) and 6 of the UCO Bank (Discipline and Appeal) Regulations, 1976 [for short 'Regulations 1976'] read with Schedule thereto, took the view that it was only the Deputy General Manager (for short 'DGM') who had the power to initiate disciplinary proceedings against the respondent and not the Assistant General Manager (for short 'AGM'), as per the Schedule to Regulations 1976, since at the time of initiation of proceedings he was under the jurisdiction of the DGM. The High Court, therefore, set aside the entire disciplinary proceedings, including the charge-sheet, enquiry report, final order of punishment and the appellate order and directed the Bank to release all the admissible service benefits and pay admissible dues to the respondent. We are, in this case, concerned with the legality of the order of the High Court.