GOPALJI KHANNA Vs. ALLAHABAD BANK ORS

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution the petitioner has come up before this Court against the order dated 5th February 1988 lowering the petitioner from M.M.G. Scale II to J.M.C. Scale-I and fixing his basic pay at the minimum of that scale.

(2.) The petitioner is an employee in Allahabad Bank which is one of the nationalised banks. It appears that on the basis of certain complaints the petitioner was served with a charge-sheet and was suspended pending disciplinary enquiry. The disciplinary enquiry took place and on its conclusion the Enquiry Officer submitted his report. The disciplinary authority vide order dated 30th June, 1987 imposed penalty of lowering the petitioner down to his basic pay by eight stages from Rs. 2625/- to Rs. 1825/- per month. On 30th Dec.1987 the Reviewing Authority served a notice on the petitioner as to why a major penalty under Regulation 4(e) of the Allahabad Bank Officer Employees (Discipline & Appeal) Regulations, 1976 be not imposed on him. The petitioner submitted an explanation to the notice. Subsequently, the impugned order dated 5th Feb.1988 was passed and that is why the petitioner has come up before this Court.

(3.) Sri V.C. Mishra, the learned counsel for the petitioner raised the following arguments in support of his contention :.