S. GANAPATHY Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) Challenge in this writ petition is to the order of punishment imposed in the disciplinary proceedings launched against the petitioner by the respondent bank.

(2.) (i) The petitioner joined the respondent bank as Scale I Agricultural Officer on 01.07.1978 and was promoted as a Scale II officer on 18.08.1990. He became a Scale III Officer/Senior Manager on 01.05.1995. On 14.08.2004, the petitioner was posted as a Senior Branch Manager at Tiruchirappalli Branch of the respondent bank. He worked in such capacity till he was transferred to Krishnagiri as Senior Branch Manager on 15.05.2007. On 12.11.2007, the petitioner was served with a show cause notice, calling for a written explanation making as many as eighteen charges against the petitioner.

(3.) The main grievance of the petitioner in the writ petition is that the Rules for conduct of the disciplinary enquiry framed by the respondent bank contemplates examination of the delinquent officer by the Enquiry Officer, if the delinquent does not examine himself as a witness. A specific reference is made to Rule 6(17) of the Bank of Baroda Officer Employees (Conduct) Rules, 1976. Apart from the above, the petitioner has also contended that the quantum of punishment imposed on him, is highly unreasonable and the Co-delinquents, namely, Mr. G. Elangovan, Senior Manager (Credit) and Mr. M. Vaikunthamurthy, Manager (Credit) have been awarded punishments of stoppage of increment alone, whereas the petitioner has been awarded a major penalty of reduction in rank and he has been reverted to the entry level.