SHANTILAL M SHAH Vs. DENA BANK

JUDGEMENT

(1.) The petitioner, an employee of the Dena Bank has filed this petition challenging the order dated 15th March, 1983 of the Disciplinary Authority under which he was orderd to be dismissed from services of the Bank with immediate effect. The challenge has also been made to the order dated 4th July, 1983 of the appellate authority, under which the appeal filed by the petitioner against the aforesaid order has been dismissed.

(2.) Mr. R.N. Shah, learned counsel for the petitioner, challenging the legality, propriety and correctness of the aforesaid orders fivefold contention :

(3.) I have given my thoughtful consideration to the submissions made by the learned counsel for the parties, and perused the Special Civil Application. Clause 7 of the 4 Regulations 1976 provides that the disciplinary authority, if it itself is not the inquiry authority, may, for reasons to be recorded by it in writing, remit the case to the inquiry authority for fresh or further inquiry and report and the inquiry authority shall thereupon proceed to hold the further inquiry according to the provisions of Regulation 6 as far as may be. In the case where the disciplinary authority disagrees with the finding of the inquiry authority on any article of charge, has to record his reasons for such disagreement and his own findings on such charges if the evidence on record is sufficient for the purpose. Having regard to its findings on all or any of the articles of charge, if the disciplinary authority is of the opinion that any of the penalties specified in Regulation 4 should be imposed on the officer employee it shall, notwithstanding anything contained in Regulation 8, make an order imposing such penalty. Where the disciplinary authority, having regard to its finding on all or any of the articles of charge, is of the opinion that no penalty is called for, it may pass order, exonerating the officer employee concerned. Regulation 9 of the Regulations 1976 provides that the orders made by the disciplinary authority under Regulation 7 or Regulation 8 shall be communicated to the officer employee concerned, who shall also be supplied with a copy of the report of the inquiry, if any. In Regulation 8, the procedure for imposing minor penalties has been provided. From the reading of Regulation 9 of Regulations, 1976, it is explicit that the inquiry reports has to be supplied to the delinquent officer employee along with the order of the disciplinary authority made under Regulation 7.