G V ASWATHANARAYANA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) A learned Single Judge of this Court has refused to interfere with the disciplinary action taken by the Management of the Central bank of India against the appellant in imposing the penalty of reduction in pay by 5 (five) stages in the present time scale with cumulative effect. Hence the delinquent officer is before us by way of this Writ Appeal.

(2.) THE facts of the case in brief are the appellant while working as a Branch Manager at Jangamakote Branch, Central Bank of India was served with a charge memo dated 7th /9th August 1992 alleging that the appellant misued his official position by sanctioning loans totalling to Rs. 1,05,000/- to 21 persons contrary to the prescribed procedure, thereby committing gross misconduct within the meaning of Regulation 3 (1) read with Regulation 24 of Central Bank of India officer, Employee s Conduct Regulations 1976, (for short, the conduct Regulation ) attracting penalty specified under Regulation 4 of Conduct Regulations. The appellant was asked to furnish his explanation, if any, to the charge memo within 15 days of the receipt of the charge memo. According to the appellant officer certain documents sought by him were not furnished to him and, therefore, he could not file his effective written statement of defence.

(3.) THE Chief Manager and disciplinary authority, Divisional Officer, bangalore, vide his order No. Personnel Do. PRS: 83: 805 dated 16th March 1983 appointed Sri R. Laxman Rao, Chief Officer (RD)as Enquiry Officer and U. S. Hegde,inspector of Police, Central bureau of Investigation, Bangalore as the Presenting Officer to enquiry into the charges. The enquiry officer on completion of the enquiry proceedings submitted his report dated 9. 9. 1982 together with the records of the enquiry proceedings and other documents to the disciplinary authority. The enquiry officer held that imputations 1 and 2 are partly proved, imputations 3 and 4 are not proved and imputation 5 is fully proved. The disciplinary authority after considering the report of the enquiry officer and records of the enquiry proceeding and after concurring with the findings of the enquiry officer, passed an order dated 8. 11. 1994 in terms of Regulation 4 of the Conduct Regulations imposing the penalty of reduction in pay by 5 (five) stages in the present time scale with cumulative effect. The appellant being aggrieved by the said disciplinary action taken by the disciplinary authority preferred an appeal to the appellate authority as provided under the Conduct Regulations. The appellate authority by its order dated 25. 7. 1985 dismissed the appeal.