Y P SARABHAI Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Y .P. Sarabhai is the Petitioner in the Writ Petition. He was appointed as a Junior Officer with the first Respondent Bank - Union Bank of India (for short 'the Bank'). Sarabhai was promoted as Assistant Chief Security Officer (Dy.Manager-Security) with effect from 1.4.1985 in the middle management grade-Scale II. Undisputedly Sarabhai is the officer employee of the Bank. Vide show-cause notice dated 18th June, 1987, Mr.Sarabhai was called upon to submit his explanation in respect of various charges referred therein. Inter-alia the charges related to purchase of colour TV and Video Cassette Recorder. It was alleged that he could not produce proper receipts for the payment made towards the said imported colour TV and VCR. He was also unable to explain the source of funds for making the payment towards the said imported colour TV and VCR. His statement about price of TV and VCR was false as it would not be possible to believe that anybody would sell a new colour TV set and VCR at the price claimed to have been paid by him and that in his statement of assets and liabilities submitted for the year ending 31.3.1986 he did not declare the above assets and, thus, suppressed possession of the same and committed misconduct under Conduct Regulation No.20. Pursuant to the said show cause notice, an enquiry was instituted under Union Bank of India Officer Employees' (Discipline and Appeal) Regulation 1976 (for short 'Bank Disciplinary Regulations'). After due notice of enquiry, proceedings were held on different dates and ultimately the Enquiry Officer submitted his report dated 29th October, 1987 holding that mis-conduct under Regulation 20 was proved. The Disciplinary Authority based on the report of the Enquiry Officer by order dated 31st October, 1987, passed an order imposing the penalty of stoppage of one increment with cumulative effect. The order passed by the Disciplinary Authority on 31st October, 1987 was carried in appeal under the Bank Disciplinary Regulations by the delinquent unsuccessfully. It appears that the Petitioner was thereafter served with other show cause notice dated 16th December, 1988 and the charge sheet dated 7th December, 1989. According to the Petitioner, the allegations made in the show cause notice dated 16th December, 1988 and the charge sheet dated 7th December, 1989, are substantially similar to the charges which were levelled against him earlier and for which an enquiry was already held. By means of this Writ Petition under Article 226 of the Constitution of India, Sarabhai seeks to impugn the penalty of stoppage of one increment with cumulative effect as ordered by the Disciplinary Authority on 31st October, 1987, and confirmed in appeal by the Appellate Authority vide order dated 11th July, 1988 and the show cause notice dated 16th December, 1988 and the second charge sheet dated 7th December, 1989.

(2.) IN opposition to the Writ Petition, an affidavit has been filed by the Bank through its Assistant General Manager (Industrial Relations). The Bank has sought to justify the penalty of one stoppage with cumulative effect imposed upon the Petitioner upon proof of charge of misconduct under Regulation 20. According to the Bank, the subsequent charge sheet relates to independent misconduct and has no connection with the earlier charges for which the enquiry was instituted against the Petitioner.

(3.) BY the show cause notice/charge sheet dated 18th June, 1987, the delinquent was called upon to submit his explanation with regard to various charges but as we are concerned only with the charges 5, 6 and 7 stated therein, we refer to the said charges here, which read thus :-