BOARD OF DIRECTORS CANARA BANK Vs. K CHANDRAN

JUDGEMENT

(1.) Both the writ appeals have been preferred by the Management of Canara Bank, a Nationalised Bank, being aggrieved by the common order of the Learned single Judge made in W.P.Nos.5801 and 6261 of 1989 made on October 29, 1991. As per the earlier orders both the writ appeals were consolidated together. As the appeals arise out of the common order of the learned single Judge between the same parties, the present two appeals are being disposed of by a common order.

(2.) Heard Mr.Karthick, learned counsel appearing for T.S.Gopalan & Co for the appellants in both the writ appeals and Mr. AR.L. Sundaresan learned counsel appearing for the respondent in both the writ appeals.

(3.) There is no controversy in factual matrix leading to the present appeals and the counsel on either side advanced only by the legal contentions. The Appellant-Bank initiated two separate disciplinary proceedings against the respondent who was an officer of the appellant-Bank on the date of initiation of the disciplinary proceedings. The two sets of misconduct for which disciplinary proceedings were initiated relate to the period while the respondent was an award staff but proceedings were initiated after the respondent came to be promoted to the cadre of officer. In the two set of charges, enquiry officer was appointed who after conducting separate enquiry submitted separate report holding that the respondent is guilt of charges levelled against him. The disciplinary authority by proceedings dated June 20, 1988 imposed the punishment of dismissal with respect to the charge sheet dated April 25, 1967. In respect of the second set of charges also after following identical procedure the competent disciplinary authority while accepting the findings of the enquiry officer by a later order dated June 30, 1988 imposed punishment of one more dismissal on the petitioner.