CYRILL DSOUZA Vs. VIJAY BANK

JUDGEMENT

(1.) The Court:-While posted as Branch Manager at the Somajiguda Branch of the Vijaya Bank at Hyderabad, the writ petitioner was placed under suspension on the ground that the Central Bureau of Investigation ("CBI" in short) had started a criminal case against him under sections 120B/420 Indian Penal Code read with sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. The suspension was subsequently revoked on 30th October, 1990, although the CBI continued with the criminal case. After revocation of the order of suspension, the writ petitioner was transferred to and posted to Calcutta at the Bank's Netaji Subhas Road Branch, while the criminal case was pending before the Principal Special Judge at Hyderabad.

(2.) While working as Scale-II Officer in the aforesaid Branch at Calcutta, the writ petitioner was served with a charge-sheet dated 22nd April, 1993, informing him that an enquiry was proposed to be held against him under Regulation 6 of the Vijaya Bank Officer Employees' (Discipline & Appeal) Regulation, 1981, in respect of the imputations of misconduct set out in the Articles of Charge.

(3.) In this writ petition the writ petitioner has challenged the commencement of the departmental proceedings on several grounds.