SUBHASH PACHORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed challenging the order Annexure P-12 constituting a three member inquiry board comprising of Branch Manager, Assistant Accountant and Banking Assistant. The said inquiry board has been constituted in compliance of order dtd. 22/1/2020 passed by this Court in WP No.28276/2018.

(2.) Learned counsel for the petitioner has assailed the constitution of inquiry board vide Annexure P-12 on the ground that as per the Human Resources Policy of the respondents No.4 and 5-Bank, the inquiry board has to be constituted comprising of three members, one of which would be holding the rank of Manager, the second member would be holding the rank below medium management Grade I and third member should be the rank of senior management Grade II or above. It is further laid down that the Bank employees holding the Rank of senior management two and medium management one respectively as Learned counsel for the respondents No.4 and 5 does not dispute the aspect that two of the members of the committee constituted vide Annexure P-12 are juniors in rank to the petitioner and do not hold the rank of senior management Grade-II and middle management Grade-1 as provided in the Human Resources Policy Annexure P-14.

(3.) Vide order dtd. 13/7/2023, this Court had noted the position that there is no officer available in the Bank holding the position of senior management grade-II and middle management grade-1, who can be inducted as the member of the Board because the petitioner himself is holding a sufficiently senior position and sufficient number of senior officers are not available with the Bank. Noting the said contention, this Court had directed on 13/7/2023 to address the Court with regard to possible alternative methods for dealing with such a situation.