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SUPREME COURT OF INDIA
J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.
Surjeet Singh Bhamra – Appellants
Vs.
Bank of India & Ors. – Respondents
Civil Appeal No. 5038 of 2009
Decided on : 08-02-2016
(2003) 3 SCC 433; (2007) 8 SCC 593 – Relied upon
(b) Service law – Disciplinary proceeding and Voluntary Retirement Scheme – Memo served on appellant before launch of VRS – Charge sheet served after launch of VRs and application by appellant therefor – Appellant unconditionally accepting the charges – Punishment imposed – Appellant’s application for VRS accepted thereafter – Cut-off date for completing all proceedings not mandatory for Bank – Appellant was in service of Bank at the time of imposing punishment and before granting VRS – No infirmity. (Para 45, 46)
(c) Service law – Punishment – Appellant accepting charges unconditionally – No need for Bank to hold any enquiry – Bank justified in imposing punishment on admission by appellant – Punishment held just and proper. (Para 48)
(d) Bank of India Officer Employees’ [Discipline and Appeal] Regulations, 1976 – Clause 4(f) – In view of admission of his guilt by appellant authorities imposing punishment in accordance with the Regulations – No infirmity. (Para 50, 51)
Facts of the case:
The appellant was Branch Manager, Bank of India Panagar Branch, Jabalpur Region from 04.07.1996 to 26.05.1999.
On 08.09.2000, a memo was issued to the appellant mentioning therein that during his tenure as Manager of Panagar Branch, certain irregularities/lapses were reported in disbursement of loans.
On 01.11.2000, the respondent-Bank announced Voluntary Retirement Scheme, 2000.
The appellant on 05.01.2001 was informed that his application is in the process.
On 02.03.2001, the appellant was served with the charge-sheet. The appellant filed his reply on 13.03.2001 to the charge-sheet and accepted all the charges contained therein unconditionally.
The appellant was awarded the consolidated penalty of reduction in the pay by five stages in the time scale for a period of 3 years and on the expiry of such period, the reduction was to have the effect of postponing the future increments of his pay to the extent in terms of the Regulations, 1976.
Thereafter the appellant’s application for voluntary retirement was accepted and the appellant stood retired from the services of Bank w.e.f. 19.06.2001.
The appellant preferred writ petition which was dismissed.
The appellant filed an intra court appeal which was also dismissed.
Finding of the Court:
There is no merit in the appeal.
Result: Appeal dismissed.
JUDGMENT :
Abhay Manohar Sapre, J.
1. This appeal is filed against the final judgment and order dated 09.05.2007 passed by the High Court of Madhya Pradesh at Jabalpur in Writ Appeal No. 171 of 2006 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant preferred against the judgment and order dated 20.04.2006 of the Single Judge of the High Court in Writ Petition No. 3842 of 2002 by which the Single Judge dismissed the writ petition of the appellant wherein the challenge was to the order dated 20.03.2001 passed by the Chief Manager, Bank of India (respondent No.3 herein) imposing the punishment of reduction of his basic pay by five stages on the appellant.
2. In order to appreciate the issue involved in this appeal, it is necessary to set out the relevant facts in brief infra.
3. The appellant was an employee of the Bank of India. He was posted as Branch Manager, Panagar Branch, Jabalpur Region from 04.07.1996 to 26.05.1999. According to the appellant, during his tenure, the profits of the said Branch were increased from 2 lakhs to 30 lakhs, deposits were increased from 6 crores to 11 crores and advances were increased from 2 crores to 4 crores. The appellant also claimed that the NPA of the Branch fell down from 57 lakhs to 20 lakhs. The appellant claimed that due to his good performance, his Branch won the award of Best Branch of the Year.
4. On 08.09.2000, a memo was issued by the Chief Regional Manager, Bank of India, Jabalpur to the appellant mentioning therein that during his tenure as Manager of Panagar Branch, certain irregularities/lapses were reported in disbursement of loans. The details of several irregularities alleged to have been committed by the appellant were mentioned in the memo. The appellant was asked to submit his reply. On 18.10.2000, the appellant submitted his reply to the Chief Regional Manager, Jabalpur.
5. On 01.11.2000, the respondent-Bank announced Voluntary Retirement Scheme, 2000 (in short ‘Scheme’) with a view to lay off approx. 6000 extra employees. Accordingly, offers were made to the staff in general for opting voluntary retirement pursuant to the Scheme on or before 31.12.2000.
6. In response to the said Scheme, the Bank received 7600 applications as against 6000. The appellant also applied for voluntary retirement on 16.11.2000. The appellant on 05.01.2001 was informed that his application is in the process.
7. On 02.03.2001, the appellant was served with the charge-sheet. The charges were in relation to the irregularities which were mentioned in the memo dated 08.09.2000.
8. The appellant filed his reply on 13.03.2001 to the charge-sheet and accepted all the charges contained therein unconditionally.
9. By order dated 20.03.2001, the Chief Manager, Dewas Branch and Disciplinary Authority, passed an order awarding the consolidated penalty of reduction in the pay of the appellant by five stages in the time scale for a period of 3 years and on the expiry of such period, the reduction was to have the effect of postponing the future increments of his pay to the extent in terms of Regulation No.4(1) of Bank of India Officer Employees’ (Discipline & Appeal) Regulations, 1976 ( in short “the Regulations”).
10. After passing of the order of punishment, the Chief Regional Manager accepted the appellant’s application for voluntary retirement by letter dated 19.06.2001. In this way, the appellant stood retired from the services of Bank w.e.f. 19.06.2001.
11. Being aggrieved by the said order of punishment, the appellant preferred a departmental appeal before the Zonal Manager, Bank of India, Ujjain Zone. By order dated 21.06.2002, the Appellate Authority dismissed the appeal.
12. Challenging the said order, the appellant preferred writ petition being W.P. No.3842 of 2002 before the High Court. The Single Judge of the High Court by order dated 20.04.2006, dismissed the writ petition.
13. Against the order of the Single Judge, the appellant filed an intra court appeal being W.A. No
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