S. JAYAKUMAR Vs. BANK OF BARODA

JUDGEMENT

(1.) In this intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961, the appellant has assailed the validity of the order dated 16.11.2011 passed by the learned Single Judge by which writ petition preferred by the appellants has been partly allowed. In order to appreciate the appellants' grievance few facts need mention which are stated infra.

(2.) Appellant at the relevant time was posted as Branch Manager of Vijaya Bank at its M.G.Road Branch, Ernakulam. The appellant on 15.04.2003 was promoted as Senior Manager in Middle Management Grade Scale III and was transferred to Lucknow. The service conditions of the appellant are governed by Vijaya Bank Employees (Discipline and Appeal) Regulations, 1981 (hereinafter referred to as 'the Regulations' for short) framed in exercise of powers under Section 19 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980. Regulation 4 prescribes for the minor and major penalties, which may be imposed on an employee, which includes reduction to lower grade of post, compulsory retirement, removal from service, which shall not be disqualification for future employment, dismissal which shall be disqualification for future employment, reversion to lower grade of post and termination of service and compulsory retirement etc. Regulation 6 deals with procedure of imposing major penalties. Regulation 7 provides for action on the inquiry report. Regulation 7 reads as under:

(3.) It is pertinent to note that the Regulations do not define the expression 'Central Vigilance Commission' and under Regulation 7, the disciplinary authority having regard to its findings on Article of Charges has to form an opinion about imposition of penalty on the delinquent officer.