B. B. RAJPUT Vs. BANK OF BARODA

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the impugned order dtd. 16/9/2003 passed by the Appellate Authority and further seeking a direction to the respondent-Bank to reinstate the petitioner on his original post and award him back wages from 16/9/2003, till the date of reinstatement.

(2.) The petitioner was serving as a Joint Manager in the respondent-Bank at Odhav Branch, Ahmedabad. He was suspended on 27/10/1997, in view of criminal and/or departmental proceedings contemplated against him. A criminal complaint was registered against the petitioner along with four other delinquent officers of the same Branch by the respondent- Bank before the Bank Security and Fraud Cell, Criminal Bureau of Investigation, Bombay on 11/11/1997.

(3.) Learned advocate Mr.Sonal Vyas, appearing for the petitioner, at the outset, has submitted that the impugned order of removal is required to be set aside, since the inquiry has been held in violation of Regulation 10 of the Bank of Baroda Officer Employees' (Disciplinary and Appeal) Regulations, 1976, which envisages of holding common proceedings in case where two or more officers / employees are concerned. It is submitted by her that since there were other delinquents, the petitioner was singled out in the department proceedings and hence, the proceedings are required to be set aside.