M SACHIDANANDAN Vs. ASSISTANT GENERAL MANAGER DISCIPLINARYAUTHORITY VIJAYA BANK ZONAL OFFICE NEW DELHI

JUDGEMENT

(1.) AN officer of Vijaya Bank, aggrieved by the orders of the Appellate Authority dated 10-7-1990 in confirming the orders made by the Disciplinary authority dated 30-11-1989 is before this Court in a petition filed under Article 226 of the Constitution of India.

(2.) WHILE petitioner was working as an officer in the Foreign Exchange Department at Connaught Circus Branch of the respondent-Bank a show-cause notice dated 26-5-1987 came to be served alleging certain irregularities said to have been committed by him. They all relate to the events that took place during the period from 7-5-1983 and onwards. The notice was signed by one Sri S. C. Paul who was working as Assistant General Manager, International Banking Department of the respondent-Bank. The notice required the petitioner to submit his explanation within 7 days of the receipt of the notice. Petitioner filed his explanation by way of defence statement, denying all the allegations and the irregularities said to have been committed by him in the show-cause notice. Not being satisfied with the explanation offered by the petitioner, it is asserted in the petition that Sri S. C. Paul had referred the matter to the disciplinary authority for initiating disciplinary enquiry proceedings. This assertion of the petitioner is not denied by the respondents either in their counter affidavit filed before this Court or at the time of hearing of this petition by its learned Counsel.

(3.) THE disciplinary authority has issued a charge memo dated 23-4-1988,containing the same allegations made in the show-cause notice. After the formality of holding an enquiry, the disciplinary authority has passed an order dated 30-11-1989 imposing certain punishments as provided in C and D regulations of the Bank. Disturbed by this order, the delinquent employee had preferred an appeal before the Appellate authority. Curiously enough, Sri S. C. Paul, who had issued the show-cause notice decides the appeal in the capacity as Appellate Authority and rejects it and thereby confirms the order passed by the disciplinary authority by his order dated 10-7-1990. It is the legality of these orders which are questioned by the petitioner before this Court being aggrieved by the same.