N KUMARA SWAMY Vs. UCO BANK

JUDGEMENT

(1.) Both these matters are heard together and are being disposed of by this common order. Petitioner was working as General Manger, Recovery, Credit Monitoring and E-Business Department under the first respondent bank at Kolkata on the date of filing of the writ petition. Petitioner was due to retire on superannuation on 31.01.2012. A few days before his superannuation, he was served with show cause notice dated 14.01.2012 followed by another show cause notice dated 24.01.2012 calling upon him to explain the various irregularities, violations and allegations appearing against him whereby allegedly the respondent bank was put to enormous financial risk. The said show cause notices were questioned by petitioner in this writ petition, which was filed on 30.01.2012 and on the same day, this Court while issuing notice before admission passed the following interim order:

(2.) Petitioner is said to have submitted explanation dated 16.01.2012 in reply to the show cause notice dated 14.01.2012 and allegedly, before he could furnish explanation to the show cause notice dated 24.01.2012, the respondent bank served three different charge sheets, on the petitioner, all dated 31.01.2012 together with further proceeding also dated 31.01.2012 issued by the Chairman and Managing Director informing the petitioner that though he would cease to be in service of the bank from the date of superannuation i.e. 31.01.2012, from 01.02.2012 onwards the disciplinary proceedings will continue, as if he is still in service until completion of the disciplinary proceedings and passing of final orders in respect of the three charge sheets, referred to above. The said order was purportedly passed under Regulation 20(3)(iii) of UCO Bank Officers (Service) Regulations, 1979. Alleging that the said three charge sheets and the proceedings issued under Regulation 20(3)(iii) above being contrary to and violative of the interim orders of this Court, extracted above, petitioner filed the present contempt case, C.C. No. 117 of 2012, on 02.02.2012. On the same date petitioner also moved applications, being WPMP. Nos. 3496 and 3497 of 2012, seeking amendment of the affidavit in the writ petition by leave to insert para 17-A and consequential amendment of writ prayer challenging the three charge sheets as well as the proceedings under Regulation 20(3)(iii) served on him pending the writ petition. Both the said applications were ordered by this Court on 29.03.2012.

(3.) Respondents have filed counters and the matter is contested.