KISHAN CHAND Vs. GANGANAGAR CENTRAL COOPERATIVE BANK

JUDGEMENT

(1.) UNDER challenge in this writ petition are the order dated 02nd April, 1993 whereby the penalty of stoppage of three grade increments with cumulative effect was imposed on the petitioner and the consequential order dated 10th November, 1993 passed by the Chairman of the respondent-Bank.

(2.) THE facts in brief are that the petitioner was initially appointed on the post of Clerk with the Ganganagar Central Cooperative Bank Limited, Sri Ganganagar (in short the respondent-Bank) . He was lastly promoted as Branch Manager in the year 1974. THE petitioner was placed under suspension vide order dated 05th April, 1990. THE respondent-Bank has adopted Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958. A charge-sheet was issued to the petitioner on 02nd April, 1999 for initiating disciplinary proceedings against him. According to the petitioner, he submitted an application to the disciplinary authority on 08th May, 1990 demanding copies of certain documents. THE disciplinary authority by communication dated 04th June, 1990 supplied copies of some of the documents to the petitioner. However, for certain other documents it directed that the same are to be issued to the petitioner by the concerned Branch. THE respondents however did not supply to him copy of the inquiry report. THE Branch Manager also did not supply copies of the documents directed by the disciplinary authority. One Shri M. R. Bissu was appointed as inquiry officer in the case of the petitioner. THE petitioner vide his application dated 09th April, 1991 raised the objection on the ground that Shri M. R. Bissu was member of the same cadre to which the petitioner belonged and the inquiry officer should be appointed at least from one higher rank. Moreover, Shri M. R. Bissu had conducted the preliminary inquiry and therefore he should not be asked to hold final inquiry. THE Managing Director of the respondent Bank however by its letter dated 25th April, 1991 rejected prayer of the petitioner. THE inquiry against him was completed without supplying remaining documents and notice dated 05th June, 1999 was issued to the petitioner by the Managing Director of respondent Bank with which copy of the inquiry report was also furnished to him. THE petitioner submitted a representation to the inquiry officer on 04th July, 1992. He demanded personal hearing from the Chairman of the Bank. THE disciplinary authority by his order dated 02nd April, 1993 imposed a penalty of three grade increments upon the petitioner. THE petitioner submitted an appeal against the said order on 23rd April, 1993. He was however by communication dated 13th October, 1993 informed that the petitioner should file an appeal before the competent court, but it was not indicated as to who was competent to hear appeal. In compliance with the above order of penalty, the Chairman of the Bank by an order dated 10th October, 1993 directed stoppage of increments which became due to him on 09th February, 1991 and 09th February, 1993. It is with this back ground of the matter that the present writ petition has been filed with the prayer extracted above.

(3.) MR. Singhvi has cited the cases of Ashok Kumar Yadav & Ors. vs. State of Haryana & Ors., reported in AIR 1987 SC 454, Kumaon Mandal Vikas Nigam Ltd. vs. Girja Shanker Pant & Ors., reported in 2001 (1) SCC 182, Badrinath vs. Government of Tamil Nadu & Ors., reported in 2000 (8) SCC 395, Institute of Chartered Accountants of India vs. L. K. Ratna & Ors., reported in 1986 (4) SCC 537 and Baidyanath Mahapatra vs. State of Orissa & Ors., reported in AIR 1989 SC 2218.