YASHPAL SINGH JAT Vs. CHAMBAL KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) PETITIONER has filed this petition against the order imposing a major penalty of stopage of three increments with extension of probation by 17 months. The petitioner has challenged the punishment on the ground that no enquiry was conducted according to rules.

(2.) COUNSEL for petitioner submitted that no opportunity was given to the petitioner in the departmental enquiry. The enquiry was conducted behind the back of petitioner and no evidence whatsoever was recorded. The punishment is imposed only on the documents, which were filed in the enquiry behind the back of the petitioner. The documents were neither proved nor copies of the documents were supplied to the petitioner.

(3.) THE services of respondent -bank are governed by Chambal Kshetriya Gramin Bank (Staff) Service Regulations, 1986 (hereinafter referred to 'Staff Service Regulations'). Regulation 30 provides for penalty for misconduct. It provides that no officer or employee shall be subjected to the penalty except by an order in writing signed by the Chairman and no such order shall be passed without the charge being formulated in willing and given to the said officer or employee so that he shall have reasonable opportunity to answer them in writing or in person, as he prefers and in the later case his defence shall be taken down in writing and read to him. However, in certain circumstances if the disciplinary authority feels that inquiry is not possible, the inquiry may be waived without injustice to employee. However, in every case where all or any of requirements of sub -regulation of Regulation 30 are waived, the reasons for doing so shall be recorded in writing. This regulation also provides that the inquiry and the procedure with the exception of the final order, may be delegated in case the person against whom proceedings are taken is an officer to any officer who is senior to such officer and in the case of an employee to any officer. For purposes of the enquiry, the officer or employee may not engage a legal practitioner. The Regulations do not provide for mode of enquiry.