Y P SARABHAI Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) We have heard Mr. V. Sudeer, learned Counsel for the appellant and Mr. L. Nageswar Rao, learned Senior Counsel assisted by Mr. O.P. Gaggar, Advocate for the respondents.

(2.) The appellant was appointed as a security officer of the respondent Bank in 1980 and was working in Middle Management Cadre (Grade-III) as Manager, Security in 1998 when he was dismissed from the services of the respondent Bank for alleged violation of Regulation 13 of the Union Bank of India Officer Employees (Conduct) Regulations, 1976. In the charge sheet, it was alleged that he was not reporting for his duties since 3-6-1997. It was further stated that the appellants services were transferred to Chennai but the appellant did not carry out his transfer orders to Chennai and was remaining absent without sanction of leave. Regulation 13(1) requires that "no officer/employee should absent himself in case of sickness or accident without submitting a proper medical certificate". The Banks Staff Circular dated 2-6-1981 also provides that "the Management is not bound by the certificate produced by the employee and may require him to appear before the Medical Practitioner of Banks choice for medical examination."

(3.) The Inquiring Authority came to the conclusion that though the appellant was remaining absent on grounds of illness, the real reason was that he was reluctant to carry out his transfer to Chennai.