EXECUTIVE DIRECTOR SYNDICATE BANK Vs. K C ARYA

JUDGEMENT

(1.) Leave granted.

(2.) K. C. Arya, respondent no. 1 in both the appeals, was employed with the Syndicate Bank. Two separate disciplinary proceedings were initiated against him under the Syndicate Bank Officer-Employees (Discipline and Appeal) Regulations, 1976, hereinafter referred to as 'the Regulations'. The penalty of withholding of one increment with cumulative effect was imposed on him separately in both the proceedings. The procedure that was adopted for imposing the said penalty was that prescribed for imposing a minor penalty in the Regulations. Being aggrieved by the imposition of the said penalty, the respondent moved the High court of Punjab and Haryana by filing separate writ petitions under Articles 226 and 227 of the Constitution of India. The said writ petitions, which were numbered as Civil writ petition 2577 of 1992 and 14748 of 1981, were allowed by a learned Single Judge by his judgment dated 11/01/1993 on the ground that the penalty of withholding of one increment with cumulative effect is a major penalty and it could be imposed only after following the procedure laid down for imposition of a major penalty. Letters Patent Appeals were filed by the appellants against the said judgment of the learned Single Judge in both the cases but the same were dismissed in Umine by the division bench of the High court by orders dated 2/04/1993. The appellants have filed these appeals against the said orders of the division bench of the High court.

(3.) The question which arises for consideration is whether in the context of the Regulations, the penalty of withholding of an increment of pay with cumulative effect is a major penalty. Regulation 4 of the Regulations defines the penalties (minor as well as major) which may be imposed on an officer employee. The provisions relevant for the purpose of the present case are: