M. SAMBA MOORTHY Vs. BANK OF BARODA

JUDGEMENT

(1.) This writ petition, filed under Art. 226 of the Constitution of India, challenges an order of punishment inflicted by the third respondent, vide proceedings under SGZ:ZVD. 15/0-1372, dated 23-08-2001, as confirmed by the second respondent, vide order dated 25-01-2002, as confirmed further by the first respondent, vide proceedings No.AGM.AP.INSP. AUDIT.3744, dated 01-01-2003.

(2.) Heard Sri V.R. Avula, learned counsel for the petitioner and Smt. V. Uma Devi, learned Standing counsel for respondents, apart from perusing the material available before the Court.

(3.) In response to the show cause notices dated 22-03-1999 and 08-02-2000, petitioner submitted his explanations. Thereafter, a statement of imputation of lapses, vide proceedings No.SGZ:ZVD.14/1722, dated 26-12-2000 was served on the petitioner on the same day. In response to the same, petitioner herein submitted his written statement of defence on 29-12-2000. Thereafter, an enquiry officer was appointed, who submitted a report on 28-03-2001. Subsequently, the third respondent issued an order on 23-08-2001, inflicting on the petitioner minor penalty of reduction in pay by one stage in the time scale for a period of three years without cumulative effect and not adversely effecting the pension. Against the said order of punishment, on 18-10- 2001, petitioner preferred departmental appeal before the second respondent. The second respondent-appellate authority vide proceedings dated 25-01-2002, while dismissing the said appeal, confirmed the order of punishment imposed by the disciplinary authority. Thereafter, the petitioner herein approached the reviewing authority i.e., the first respondent on 11-09-2002, by way of filing a review, and the first respondent vide proceedings AGM.AP.INSP.AUDIT.3744, dated 01-01-2003, rejected the same.