SHYAMA CHARAN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In this writ application petitioner has prayed for quashing of the office order No. 4644 dated 22.10.2001 issued by the Managing Director, Bihar State Co-operative Bank Ltd. (Respondent No. 3), appointing the Deputy General Manager-cum-Chief Vigilance Officer as Conducting Officer of his enquiry (Annexure-5), enquiry report dated 9.4.2002 (Annexure-15/B) and the punishment order dated 21.5.2002 (Annexure-18). By the punishment order 50% of the petitioner's leave salary and other amounts payable to him have been ordered to be forfeited.

(3.) The short point raised by the petitioner in this case is that as per Standing Regulation of the Bank, the Managing Director himself was to hold enquiry in the case of superior staff of the Bank, whereas in this case the Managing Director has delegated his power of enquiry to the Chief Vigilance Officer who was subordinate to him and therefore the enquiry is completely vitiated on account of violation of the provisions of the Standing Regulations of the Bank. In this context learned Counsel for the petitioner has referred to one judgment of this Court in C.W.J.C. No. 5591 of 1995, a copy of which has been annexed as Annexure-7 to the writ application.