SHANMUGAM M Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) AN officer of the Reserve Bank of India, aggrieved by the orders made by the Appellate authority dated April 21, 1993 in confirming the orders made by the disciplinary authority dated January 11, 1992 is before this Court in a petition filed under Articles 226 and 227 of the Constitution.

(2.) FACTS in nutshell are: petitioner is an officer of the Reserve bank of India ('bank' for short ). At the relevant point of time, he was also an office- bearer of the local employees' union. Pursuant to a call given by the employees of the Reserve Bank of india, Bangalore Branch, it appears a 'dharna' was made in the Chambers of the Manager, reserve Bank of india, Bangalore on August 20, 1987. On the same day, the Personnel officer of the respondent-Bank made a report to the management with regard to the dharna' conducted by the employees of the Bank in the chambers of the Manager of the Bank. Since petitioner was one of those persons, who participated in the dharna, an order came to be made on August 20, 1987 keeping him under suspension pending a departmental enquiry. It appears, on August 21, 1987, even the manager of the Bank in whose place the dharna was conducted by the employees, also made a report to his higher officers.

(3.) THE disciplinary authority of the respondent-Bank issued a charge memo dated october 5, 1987, in exercise of its powers under regulation 47 of the Reserve Bank of India (Staff)Regulations, 1948 ('regulations' for short ). In the charge memo, the disciplinary authority accused the petitioner of the following acts of misconduct said to have been committed by him on August 20, 1987. They are: