LAWS(MAD)-2004-10-107

S RAJAGOPAL Vs. CHAIRMAN AND MANAGING DIRECTOR

Decided On October 18, 2004
S.RAJAGOPAL Appellant
V/S
CHAIRMAN AND MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the impugned order. Petitioner was working as Scale-III Officer in Indian Bank. Certain charges were framed against him and an enquiry was conducted. In the enquiry, the Enquiry Officer found that the petitioner pleaded guilty of the charges. Based on that admission of guilt, a finding was given that all the charges have been proved. Therefore an order of dismissal has been passed by the Disciplinary Authority. Aggrieved by the same, an appeal was filed and the same was dismissed. Still aggrieved, the petitioner filed a review application and the same was also dismissed and hence this writ petition.

(2.) THE learned counsel for the petitioner submitted that as per the regulations of the Indian Bank Officer Employees' (Conduct) Regulations, 1976, and Indian Bank Officer Employees' (Discipline and Appeal) (Amendment) Regulation, 1985, regulation 6 provides for Procedure for imposing major penalties, and the relevant clause reads as under,

(3.) AS per Regulation 6 (8) (c), the inquiring authority shall ask the officer employee whether he pleads guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring Authority shall record the plea, sign the record and obtain the signature of the officer employee concerned thereon. Thereafter, the inquiring Authority shall return a finding of guilt in respect of those articles of charge to which the officer employee concerned pleads guilty.