GOPALJI KHANNA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for consideration in this appeal is whether the power of review available to the Chairman and Managing Director of the Allahabad Bank under Regulation 18 of the Allahabad Bank Officer Employees' (Discipline and Appeal) Regulations, 1976, could have been exercised by the Executive Director who, in absence of the Chairman and Managing Director, was entrusted with current charge of the duties of offices of the Chairman and Managing Director.

(3.) The appellant is an employee of the Allahabad Bank. A departmental enquiry was instituted against him for certain acts of misconduct. By an order dated June 30, 1987, the disciplinary authority, by way of penalty, reduced him to a lower stage in the time scale of his pay. As the penalty imposed upon the appellant was found to be inadequate by the Executive Director who was then holding charge of the posts of Chairman and Managing Director, he passed an order dated 30th December, 1987 setting aside the said order of penalty and proposing to impose major penalty of reduction from MMG Scale II to JMG Grade Scale I and to fix his pay in the JMG Scale I at the minimum of that scale. By that order the appellant was called upon to submit his representation as to why the proposed enhanced penalty should not be imposed upon him. After considering the representation made by the appellant the Executive Director by order dated 5-2-1988, imposed penalty of reduction from MMG Scale II to JMG Scale I and fixed the pay of the appellant at the minimum of that scale. The appellant challenged that order by filing a writ petition in the Allahabad High Court. It was dismissed as the High Court did not find any substance in any of the contentions raised before it.