S VASUNDARA Vs. CANARA BANK

JUDGEMENT

(1.) IN this petition under Art.226 of the Constitution, the petitioner has sought for quashing the show cause notices dated 12.9.1994, bearing No.MDUC SSO 10697/F/VM and No.MDUC SSO 10698/F7 VM issued by the Deputy General Manager of Canara Bank, to the petitioner. The show cause notices read as follows:

(2.) IT is contended that the Deputy General Manager is not the disciplinary authority and, therefore, the show cause notices issued by him are bad, as the same are issued by the incompetent authority.

(3.) THE petitioner has been convicted by the First Additional Sessions Judge, Madurai in Criminal Case Nos.3 and 4 to 6 of 86 for various offences and sentenced to undergo rigorous imprisonment and to pay fine. Aggrieved by me order of convictions and sentences, petitioner has preferred Criminal Appeal Nos.504 and 505 of 1994 before this Court and the same are pending. Pending disposal of the criminal appeals, petitioner has also obtained suspension of sentences. It is not in dispute that the convictions have not been stayed or suspended. Thus, the convictions recorded by the First Additional Sessions Judge, Madurai, in the aforestated criminal cases, are operative. THE question for consideration is, whether in such a case, the disciplinary authority is justified in proceeding with the disciplinary proceeding, pursuant to the impugned show cause notices.