SAVITHRI SATEESH Vs. CANARA BANK

JUDGEMENT

(1.) The petitioner, a compulsorily retired Assistant General Manager of respondent-Bank is before this Court under Article 226 of the Constitution of India questioning the correctness and legality of Disciplinary Authority's order bearing No.16/PD.IRD/DA-6 dtd. 20/1/2001 [Annexure-R] imposing punishment of compulsory retirement; Appellate Authority order bearing No.147/PD:IRD:DA:7 dtd. 25/7/2001 and for grant of all consequential benefits including arrears of salary, promotion as Deputy General Manager from the date respondent No.2 was promoted and other service benefits.

(2.) Brief facts of the case are that, the petitioner joined respondent-Bank as Clerk on 9/1/1965. From time to time, the petitioner was promoted and in May, 1998, the petitioner was promoted as Assistant General Manager. On 19/7/2000, charge sheet under Regulation- 6 of Syndicate Bank Officer Employees (Discipline and Appeal) Regulations, 1996 [for short "1996 Regulations"] was issued to the petitioner alleging lapses and irregularities in sanction and disbursal of loan of 3 accounts mentioned in the Articles of Charge. The petitioner by letter dtd. 25/7/2000, requested permission to peruse the related files, documents and records relating to the Articles of Charge so as to enable her to submit reply to the Charge Memo. The respondent- Bank under reply dtd. 26/7/2000, intimated the petitioner that the documents connected in the case would be provided at the appropriate stage in terms of 1996 Regulations. Thereafter, the petitioner submitted her reply on 3/8/2000. Not being satisfied with the reply of the petitioner, on 10/8/2000 the respondent-Bank appointed second respondent as Enquiry Officer to conduct enquiry against the petitioner. The second respondent-Enquiry Officer commenced enquiry proceedings on 9/9/2000. The Enquiry Officer submitted enquiry report dtd. 7/12/2000. The Disciplinary Authority issued second show-cause notice dtd. 8/1/2001 enclosing a copy of the enquiry report calling upon the petitioner to submit reply, if any, to the enquiry report. The petitioner submitted her reply to the second show-cause notice on 16/1/2001. The Disciplinary Authority passed impugned order of punishment dtd. 20/1/2001 imposing punishment of compulsory retirement from service. Aggrieved by the order of punishment, as provided under 1996 Regulations, the petitioner preferred appeal dtd. 5/3/2001. The Appellate Authority by order dtd. 25/7/2001 confirmed the order of punishment of compulsory retirement imposed by the Disciplinary Authority.

(3.) The petitioner aggrieved by the orders of the Disciplinary Authority as well as Appellate Authority, is before this Court in the above noted writ petition.